59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–628 

FAMILY FIRST PREVENTION SERVICES ACT OF 2016 

JUNE 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 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 5456] 

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

bill (H.R. 5456) to amend parts B and E of title IV of the Social 

Security Act to invest in funding prevention and family services to 

help keep children safe and supported at home, to ensure that children in foster care are placed in the least restrictive, most familylike, and appropriate settings, 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 ............................................................... 27 

A. Purpose and Summary ..................................................................... 27 

B. Background and Need for Legislation ............................................. 27 

C. Legislative History ............................................................................ 30 

II. EXPLANATION OF THE BILL ................................................................... 31 

Sections 1 and 2: Short Title and Table of Contents .......................... 31 

Title I—Investing in Prevention and Family Services ....................... 32 

Section 101: Purpose ............................................................................. 32 

Subtitle A—Prevention Activities Under Title IV–E .......................... 32 

Section 111: Foster Care Prevention Services and Programs ............ 32 

Section 112: Foster Care Maintenance Payments for Children with 

Parents in a Licensed Residential Family-Based Treatment 

Facility for Substance Abuse ......................................................... 39 

Section 113: IV–E Payments for Evidence-Based Kinship Navigator 

Programs ......................................................................................... 40 

Subtitle B—Enhanced Support Under Title IV–B .............................. 41 


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Section 121: Elimination of Time Limit for Family Reunification 

Services while in Foster Care and Permitting Time-Limited 

Family Reunification Services when a Child Returns Home 

from Foster Care ............................................................................. 41 

Section 122: Reducing Bureaucracy and Unnecessary Delays when 

Placing Children in Homes Across State Lines ........................... 41 

Section 123: Enhancements to Grants to Improve Well-Being of 

Families Affected by Substance Abuse ......................................... 44 

Subtitle C—Miscellaneous .................................................................... 49 

Section 131: Reviewing and Improving Licensing Standards for 

Placement in a Relative Foster Family ........................................ 49 

Section 132: Development of a Statewide Plan to Prevent Child 

Abuse and Neglect Fatalities ......................................................... 50 

Section 133: Modernizing the Title and Purpose of Title IV–E ......... 52 

Section 134: Effective Dates ................................................................. 53 

Title II—Ensuring the Necessity of a Placement that is Not in 

a Foster Family Home .................................................................... 54 

Section 201: Limitation on Federal Financial Participation for 

Placements that are Not in Foster Family Homes ...................... 54 

Section 202: Assessment and Documentation of the Need for Placement in a Qualified Residential Treatment Program .................. 56 

Section 203: Protocols to Prevent Inappropriate Diagnoses ............... 58 

Section 204: Additional Data and Reports Regarding Children 

Placed in a Setting that is Not a Foster Family .......................... 58 

Section 205: Effective Dates; Application to Waivers ......................... 59 

Title III—Continuing Support for Child and Family Services ........... 62 

Section 301: Supporting and Retaining Foster Families for Children .................................................................................................. 62 

Section 302: Extension of Child and Family Services Programs ....... 62 

Section 303: Improvements to the John H. Chafee Foster Care 

Independence Program and Related Provisions ........................... 63 

Title IV—Continuing Incentives to States to Promote Adoption and 

Legal Guardianship ........................................................................ 67 

Section 401: Reauthorizing Adoption and Legal Guardianship Incentive Programs ............................................................................ 67 

Title V—Technical Corrections ............................................................. 68 

Section 501: Technical Corrections to Data Exchange Standards 

to Improve Program Coordination ................................................ 68 

Section 502: Technical Corrections to State Requirement to Address the Developmental Needs of Young Children .................... 68 

Title VI—Ensuring States Reinvest Savings Resulting from Increase in Adoption Assistance ....................................................... 69 

Section 601 and 602: Delay of Adoption Assistance Phase-In; GAO 

Report .............................................................................................. 69 

III. VOTES OF THE COMMITTEE .................................................................... 71 

IV. NEW BUDGET AUTHORITY AND TAX EXPENDITURES ..................... 71 

V. COST ESTIMATE PREPARED BY THE CONGRESSIONAL BUDGET 

OFFICE ....................................................................................................... 71 

VI. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF 

THE HOUSE .............................................................................................. 71 

A. Committee Oversight Findings and Recommendations ................. 71 

B. Statement of General Performance Goals and Objectives ............. 71 

C. Applicability of House Rule XXI 5(b) .............................................. 72 

D. Congressional Earmarks, Limited Tax Benefits, and Limited 

Tariff Benefits ................................................................................. 72 

E. Duplication of Federal Programs ..................................................... 72 

F. Disclosure of Directed Rule Makings .............................................. 72 

VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED 72 

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

Reported .......................................................................................... 72 

B. Changes in Existing Law Proposed by the Bill, as Reported ........ 150 

VIII. ADDITIONAL VIEWS ................................................................................... 253 

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 ‘‘Family First Prevention Services Act of 2016’’. 


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SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—INVESTING IN PREVENTION AND FAMILY SERVICES 

Sec. 101. Purpose. 

Subtitle A—Prevention Activities Under Title IV–E 

Sec. 111. Foster care prevention services and programs. 

Sec. 112. Foster care maintenance payments for children with parents in a licensed residential family-based 

treatment facility for substance abuse. 

Sec. 113. Title IV–E payments for evidence-based kinship navigator programs. 

Subtitle B—Enhanced Support Under Title IV–B 

Sec. 121. Elimination of time limit for family reunification services while in foster care and permitting timelimited family reunification services when a child returns home from foster care. 

Sec. 122. Reducing bureaucracy and unnecessary delays when placing children in homes across State lines. 

Sec. 123. Enhancements to grants to improve well-being of families affected by substance abuse. 

Subtitle C—Miscellaneous 

Sec. 131. Reviewing and improving licensing standards for placement in a relative foster family home. 

Sec. 132. Development of a statewide plan to prevent child abuse and neglect fatalities. 

Sec. 133. Modernizing the title and purpose of title IV–E. 

Sec. 134. Effective dates. 

TITLE II—ENSURING THE NECESSITY OF A PLACEMENT THAT IS NOT IN A FOSTER FAMILY HOME 

Sec. 201. Limitation on Federal financial participation for placements that are not in foster family homes. 

Sec. 202. Assessment and documentation of the need for placement in a qualified residential treatment pro- gram. Sec. 203. Protocols to prevent inappropriate diagnoses. 

Sec. 204. Additional data and reports regarding children placed in a setting that is not a foster family home. 

Sec. 205. Effective dates; application to waivers. 

TITLE III—CONTINUING SUPPORT FOR CHILD AND FAMILY SERVICES 

Sec. 301. Supporting and retaining foster families for children. 

Sec. 302. Extension of child and family services programs. 

Sec. 303. Improvements to the John H. Chafee Foster Care Independence Program and related provisions. 

TITLE IV—CONTINUING INCENTIVES TO STATES TO PROMOTE ADOPTION AND LEGAL 

GUARDIANSHIP 

Sec. 401. Reauthorizing adoption and legal guardianship incentive programs. 

TITLE V—TECHNICAL CORRECTIONS 

Sec. 501. Technical corrections to data exchange standards to improve program coordination. 

Sec. 502. Technical corrections to State requirement to address the developmental needs of young children. 

TITLE VI—ENSURING STATES REINVEST SAVINGS RESULTING FROM INCREASE IN ADOPTION 

ASSISTANCE 

Sec. 601. Delay of adoption assistance phase-in. 

Sec. 602. GAO study and report on State reinvestment of savings resulting from increase in adoption assistance. 

TITLE I—INVESTING IN PREVENTION AND 

FAMILY SERVICES 

SEC. 101. PURPOSE. 

The purpose of this title is to enable States to use Federal funds available under 

parts B and E of title IV of the Social Security Act to provide enhanced support to 

children and families and prevent foster care placements through the provision of 

mental health and substance abuse prevention and treatment services, in-home parent skill-based programs, and kinship navigator services. 

Subtitle A—Prevention Activities Under Title IV– 

E 

SEC. 111. FOSTER CARE PREVENTION SERVICES AND PROGRAMS. 

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

amended— 

(1) in subsection (a)(1), by striking ‘‘and’’ and all that follows through the 

semicolon and inserting ‘‘, adoption assistance in accordance with section 473, 

and, at the option of the State, services or programs specified in subsection 

(e)(1) of this section for children who are candidates for foster care or who are 


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pregnant or parenting foster youth and the parents or kin caregivers of the children, in accordance with the requirements of that subsection;’’; and 

(2) by adding at the end the following: 

‘‘(e) PREVENTION AND FAMILY SERVICES AND PROGRAMS.— 

‘‘(1) IN GENERAL.—Subject to the succeeding provisions of this subsection, the 

Secretary may make a payment to a State for providing the following services 

or programs for a child described in paragraph (2) and the parents or kin caregivers of the child when the need of the child, such a parent, or such a caregiver 

for the services or programs are directly related to the safety, permanence, or 

well-being of the child or to preventing the child from entering foster care: 

‘‘(A) MENTAL HEALTH AND SUBSTANCE ABUSE PREVENTION AND TREATMENT

SERVICES.—Mental health and substance abuse prevention and treatment 

services provided by a qualified clinician for not more than a 12-month period that begins on any date described in paragraph (3) with respect to the 

child. 

‘‘(B) IN-HOME PARENT SKILL-BASED PROGRAMS.—In-home parent skillbased programs for not more than a 12-month period that begins on any 

date described in paragraph (3) with respect to the child and that include 

parenting skills training, parent education, and individual and family counseling. 

‘‘(2) CHILD DESCRIBED.—For purposes of paragraph (1), a child described in 

this paragraph is the following: 

‘‘(A) A child who is a candidate for foster care (as defined in section 

475(13)) but can remain safely at home or in a kinship placement with receipt of services or programs specified in paragraph (1). 

‘‘(B) A child in foster care who is a pregnant or parenting foster youth. 

‘‘(3) DATE DESCRIBED.—For purposes of paragraph (1), the dates described in 

this paragraph are the following: 

‘‘(A) The date on which a child is identified in a prevention plan maintained under paragraph (4) as a child who is a candidate for foster care (as 

defined in section 475(13)). 

‘‘(B) The date on which a child is identified in a prevention plan maintained under paragraph (4) as a pregnant or parenting foster youth in need 

of services or programs specified in paragraph (1). 

‘‘(4) REQUIREMENTS RELATED TO PROVIDING SERVICES AND PROGRAMS.—Services and programs specified in paragraph (1) may be provided under this subsection only if specified in advance in the child’s prevention plan described in 

subparagraph (A) and the requirements in subparagraphs (B) through (E) are 

met: 

‘‘(A) PREVENTION PLAN.—The State maintains a written prevention plan 

for the child that meets the following requirements (as applicable): 

‘‘(i) CANDIDATES.—In the case of a child who is a candidate for foster 

care described in paragraph (2)(A), the prevention plan shall— 

‘‘(I) identify the foster care prevention strategy for the child so 

that the child may remain safely at home, live temporarily with a 

kin caregiver until reunification can be safely achieved, or live permanently with a kin caregiver; 

‘‘(II) list the services or programs to be provided to or on behalf 

of the child to ensure the success of that prevention strategy; and 

‘‘(III) comply with such other requirements as the Secretary shall 

establish. 

‘‘(ii) PREGNANT OR PARENTING FOSTER YOUTH.—In the case of a child 

who is a pregnant or parenting foster youth described in paragraph 

(2)(B), the prevention plan shall— 

‘‘(I) be included in the child’s case plan required under section 

475(1); 

‘‘(II) list the services or programs to be provided to or on behalf 

of the youth to ensure that the youth is prepared (in the case of 

a pregnant foster youth) or able (in the case of a parenting foster 

youth) to be a parent; 

‘‘(III) describe the foster care prevention strategy for any child 

born to the youth; and 

‘‘(IV) comply with such other requirements as the Secretary shall 

establish. 

‘‘(B) TRAUMA-INFORMED.—The services or programs to be provided to or 

on behalf of a child are provided under an organizational structure and 

treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma and in accordance with recogVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6621 E:\HR\OC\HR628.XXX HR628

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nized principles of a trauma-informed approach and trauma-specific interventions to address trauma’s consequences and facilitate healing. 

‘‘(C) ONLY SERVICES AND PROGRAMS PROVIDED IN ACCORDANCE WITH PROMISING, SUPPORTED, OR WELL-SUPPORTED PRACTICES PERMITTED.— 

‘‘(i) IN GENERAL.—Only State expenditures for services or programs 

specified in subparagraph (A) or (B) of paragraph (1) that are provided 

in accordance with practices that meet the requirements specified in 

clause (ii) of this subparagraph and that meet the requirements specified in clause (iii), (iv), or (v), respectively, for being a promising, supported, or well-supported practice, shall be eligible for a Federal matching payment under section 474(a)(6)(A). 

‘‘(ii) GENERAL PRACTICE REQUIREMENTS.—The general practice requirements specified in this clause are the following: 

‘‘(I) The practice has a book, manual, or other available writings 

that specify the components of the practice protocol and describe 

how to administer the practice. 

‘‘(II) There is no empirical basis suggesting that, compared to its 

likely benefits, the practice constitutes a risk of harm to those receiving it. 

‘‘(III) If multiple outcome studies have been conducted, the overall weight of evidence supports the benefits of the practice. 

‘‘(IV) Outcome measures are reliable and valid, and are administrated consistently and accurately across all those receiving the 

practice. 

‘‘(V) There is no case data suggesting a risk of harm that was 

probably caused by the treatment and that was severe or frequent. 

‘‘(iii) PROMISING PRACTICE.—A practice shall be considered to be a 

‘promising practice’ if the practice is superior to an appropriate comparison practice using conventional standards of statistical significance 

(in terms of demonstrated meaningful improvements in validated measures of important child and parent outcomes, such as mental health, 

substance abuse, and child safety and well-being), as established by the 

results or outcomes of at least 1 study that— 

‘‘(I) was rated by an independent systematic review for the quality of the study design and execution and determined to be welldesigned and well-executed; and 

‘‘(II) utilized some form of control (such as an untreated group, 

a placebo group, or a wait list study). 

‘‘(iv) SUPPORTED PRACTICE.—A practice shall be considered to be a 

‘supported practice’ if— 

‘‘(I) the practice is superior to an appropriate comparison practice 

using conventional standards of statistical significance (in terms of 

demonstrated meaningful improvements in validated measures of 

important child and parent outcomes, such as mental health, substance abuse, and child safety and well-being), as established by 

the results or outcomes of at least 1 study that— 

‘‘(aa) was rated by an independent systematic review for the 

quality of the study design and execution and determined to be 

well-designed and well-executed; 

‘‘(bb) was a rigorous random-controlled trial (or, if not available, a study using a rigorous quasi-experimental research design); and 

‘‘(cc) was carried out in a usual care or practice setting; and 

‘‘(II) the study described in subclause (I) established that the 

practice has a sustained effect (when compared to a control group) 

for at least 6 months beyond the end of the treatment. 

‘‘(v) WELL-SUPPORTED PRACTICE.—A practice shall be considered to be 

a ‘well-supported practice’ if— 

‘‘(I) the practice is superior to an appropriate comparison practice 

using conventional standards of statistical significance (in terms of 

demonstrated meaningful improvements in validated measures of 

important child and parent outcomes, such as mental health, substance abuse, and child safety and well-being), as established by 

the results or outcomes of at least 2 studies that— 

‘‘(aa) were rated by an independent systematic review for the 

quality of the study design and execution and determined to be 

well-designed and well-executed; 


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‘‘(bb) were rigorous random-controlled trials (or, if not available, studies using a rigorous quasi-experimental research design); and 

‘‘(cc) were carried out in a usual care or practice setting; and 

‘‘(II) at least 1 of the studies described in subclause (I) established that the practice has a sustained effect (when compared to 

a control group) for at least 1 year beyond the end of treatment. 

‘‘(D) GUIDANCE ON PRACTICES CRITERIA AND PRE-APPROVED SERVICES AND

PROGRAMS.— ‘‘(i) IN GENERAL.—Not later than October 1, 2018, the Secretary shall 

issue guidance to States regarding the practices criteria required for 

services or programs to satisfy the requirements of subparagraph (C). 

The guidance shall include a pre-approved list of services and programs 

that satisfy the requirements. 

‘‘(ii) UPDATES.—The Secretary shall issue updates to the guidance required by clause (i) as often as the Secretary determines necessary. 

‘‘(E) OUTCOME ASSESSMENT AND REPORTING.—The State shall collect and 

report to the Secretary the following information with respect to each child 

for whom, or on whose behalf mental health and substance abuse prevention and treatment services or in-home parent skill-based programs are provided during a 12-month period beginning on the date the child is determined by the State to be a child described in paragraph (2): 

‘‘(i) The specific services or programs provided and the total expenditures for each of the services or programs. 

‘‘(ii) The duration of the services or programs provided. 

‘‘(iii) In the case of a child described in paragraph (2)(A), the child’s 

placement status at the beginning, and at the end, of the 1-year period, 

respectively, and whether the child entered foster care within 2 years 

after being determined a candidate for foster care. 

‘‘(5) STATE PLAN COMPONENT.— 

‘‘(A) IN GENERAL.—A State electing to provide services or programs specified in paragraph (1) shall submit as part of the State plan required by subsection (a) a prevention services and programs plan component that meets 

the requirements of subparagraph (B). 

‘‘(B) PREVENTION SERVICES AND PROGRAMS PLAN COMPONENT.—In order to 

meet the requirements of this subparagraph, a prevention services and programs plan component, with respect to each 5-year period for which the 

plan component is in operation in the State, shall include the following: 

‘‘(i) How providing services and programs specified in paragraph (1) 

is expected to improve specific outcomes for children and families. 

‘‘(ii) How the State will monitor and oversee the safety of children 

who receive services and programs specified in paragraph (1), including 

through periodic risk assessments throughout the period in which the 

services and programs are provided on behalf of a child and reexamination of the prevention plan maintained for the child under paragraph 

(4) for the provision of the services or programs if the State determines 

the risk of the child entering foster care remains high despite the provision of the services or programs. 

‘‘(iii) With respect to the services and programs specified in subparagraphs (A) and (B) of paragraph (1), information on the specific promising, supported, or well-supported practices the State plans to use to 

provide the services or programs, including a description of— 

‘‘(I) the services or programs and whether the practices used are 

promising, supported, or well-supported; 

‘‘(II) how the State plans to implement the services or programs, 

including how implementation of the services or programs will be 

continuously monitored to ensure fidelity to the practice model and 

to determine outcomes achieved and how information learned from 

the monitoring will be used to refine and improve practices; 

‘‘(III) how the State selected the services or programs; 

‘‘(IV) the target population for the services or programs; and 

‘‘(V) how each service or program provided will be evaluated 

through a well-designed and rigorous process, which may consist of 

an ongoing, cross-site evaluation approved by the Secretary. 

‘‘(iv) A description of the consultation that the State agencies responsible for administering the State plans under this part and part B engage in with other State agencies responsible for administering health 

programs, including mental health and substance abuse prevention and 

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perience in administering child and family services, including community-based organizations, in order to foster a continuum of care for children described in paragraph (2) and their parents or kin caregivers. 

‘‘(v) A description of how the State shall assess children and their 

parents or kin caregivers to determine eligibility for services or programs specified in paragraph (1). 

‘‘(vi) A description of how the services or programs specified in paragraph (1) that are provided for or on behalf of a child and the parents 

or kin caregivers of the child will be coordinated with other child and 

family services provided to the child and the parents or kin caregivers 

of the child under the State plan under part B. 

‘‘(vii) Descriptions of steps the State is taking to support and enhance 

a competent, skilled, and professional child welfare workforce to deliver 

trauma-informed and evidence-based services, including— 

‘‘(I) ensuring that staff is qualified to provide services or programs that are consistent with the promising, supported, or wellsupported practice models selected; and 

‘‘(II) developing appropriate prevention plans, and conducting the 

risk assessments required under clause (iii). 

‘‘(viii) A description of how the State will provide training and support for caseworkers in assessing what children and their families need, 

connecting to the families served, knowing how to access and deliver 

the needed trauma-informed and evidence-based services, and overseeing and evaluating the continuing appropriateness of the services. 

‘‘(ix) A description of how caseload size and type for prevention caseworkers will be determined, managed, and overseen. 

‘‘(x) An assurance that the State will report to the Secretary such information and data as the Secretary may require with respect to the 

provision of services and programs specified in paragraph (1), including 

information and data necessary to determine the performance measures for the State under paragraph (6) and compliance with paragraph 

(7). 

‘‘(C) REIMBURSEMENT FOR SERVICES UNDER THE PREVENTION PLAN COMPONENT.— 

‘‘(i) LIMITATION.—Except as provided in subclause (ii), a State may 

not receive a Federal payment under this part for a given promising, 

supported, or well-supported practice unless (in accordance with subparagraph (B)(iii)(V)) the plan includes a well-designed and rigorous 

evaluation strategy for that practice. 

‘‘(ii) WAIVER OF LIMITATION.—The Secretary may waive the requirement for a well-designed and rigorous evaluation of any well-supported 

practice if the Secretary deems the evidence of the effectiveness of the 

practice to be compelling and the State meets the continuous quality 

improvement requirements included in subparagraph (B)(iii)(II) with 

regard to the practice. 

‘‘(6) PREVENTION SERVICES MEASURES.— 

‘‘(A) ESTABLISHMENT; ANNUAL UPDATES.—Beginning with fiscal year 2021, 

and annually thereafter, the Secretary shall establish the following prevention services measures based on information and data reported by States 

that elect to provide services and programs specified in paragraph (1): 

‘‘(i) PERCENTAGE OF CANDIDATES FOR FOSTER CARE WHO DO NOT

ENTER FOSTER CARE.—The percentage of candidates for foster care for 

whom, or on whose behalf, the services or programs are provided who 

do not enter foster care, including those placed with a kin caregiver 

outside of foster care, during the 12-month period in which the services 

or programs are provided and through the end of the succeeding 12- 

month-period. 

‘‘(ii) PER-CHILD SPENDING.—The total amount of expenditures made 

for mental health and substance abuse prevention and treatment services or in-home parent skill-based programs, respectively, for, or on behalf of, each child described in paragraph (2). 

‘‘(B) DATA.—The Secretary shall establish and annually update the prevention services measures— 

‘‘(i) based on the median State values of the information reported 

under each clause of subparagraph (A) for the 3 then most recent years; 

and 

‘‘(ii) taking into account State differences in the price levels of consumption goods and services using the most recent regional price parities published by the Bureau of Economic Analysis of the Department 


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of Commerce or such other data as the Secretary determines appropriate. 

‘‘(C) PUBLICATION OF STATE PREVENTION SERVICES MEASURES.—The Secretary shall annually make available to the public the prevention services 

measures of each State. 

‘‘(7) MAINTENANCE OF EFFORT FOR STATE FOSTER CARE PREVENTION EXPENDI- TURES.— 

‘‘(A) IN GENERAL.—If a State elects to provide services and programs specified in paragraph (1) for a fiscal year, the State foster care prevention expenditures for the fiscal year shall not be less than the amount of the expenditures for fiscal year 2014. 

‘‘(B) STATE FOSTER CARE PREVENTION EXPENDITURES.—The term ‘State 

foster care prevention expenditures’ means the following: 

‘‘(i) TANF; IV–B; SSBG.—State expenditures for foster care prevention 

services and activities under the State program funded under part A 

(including from amounts made available by the Federal Government), 

under the State plan developed under part B (including any such 

amounts), or under the Social Services Block Grant Programs under 

subtitle A of title XX (including any such amounts). 

‘‘(ii) OTHER STATE PROGRAMS.—State expenditures for foster care prevention services and activities under any State program that is not described in clause (i) (other than any State expenditures for foster care 

prevention services and activities under the State program under this 

part (including under a waiver of the program)). 

‘‘(C) STATE EXPENDITURES.—The term ‘State expenditures’ means all 

State or local funds that are expended by the State or a local agency including State or local funds that are matched or reimbursed by the Federal 

Government and State or local funds that are not matched or reimbursed 

by the Federal Government. 

‘‘(D) DETERMINATION OF PREVENTION SERVICES AND ACTIVITIES.—The Secretary shall require each State that elects to provide services and programs 

specified in paragraph (1) to report the expenditures specified in subparagraph (B) for fiscal year 2014 and for such fiscal years thereafter as are 

necessary to determine whether the State is complying with the maintenance of effort requirement in subparagraph (A). The Secretary shall specify the specific services and activities under each program referred to in subparagraph (B) that are ‘prevention services and activities’ for purposes of 

the reports. 

‘‘(8) PROHIBITION AGAINST USE OF STATE FOSTER CARE PREVENTION EXPENDITURES AND FEDERAL IV-E PREVENTION FUNDS FOR MATCHING OR EXPENDITURE REQUIREMENT.—A State that elects to provide services and programs specified in 

paragraph (1) shall not use any State foster care prevention expenditures for 

a fiscal year for the State share of expenditures under section 474(a)(6) for a 

fiscal year. 

‘‘(9) ADMINISTRATIVE COSTS.—Expenditures described in section 474(a)(6)(B)— 

‘‘(A) shall not be eligible for payment under subparagraph (A), (B), or (E) 

of section 474(a)(3); and 

‘‘(B) shall be eligible for payment under section 474(a)(6)(B) without regard to whether the expenditures are incurred on behalf of a child who is, 

or is potentially, eligible for foster care maintenance payments under this 

part. 

‘‘(10) APPLICATION.—The provision of services or programs under this subsection to or on behalf of a child described in paragraph (2) shall not be considered to be receipt of aid or assistance under the State plan under this part for 

purposes of eligibility for any other program established under this Act.’’. 

(b) DEFINITION.—Section 475 of such Act (42 U.S.C. 675) is amended by adding 

at the end the following: 

‘‘(13) The term ‘child who is a candidate for foster care’ means, a child who 

is identified in a prevention plan under section 471(e)(4)(A) as being at imminent risk of entering foster care (without regard to whether the child would be 

eligible for foster care maintenance payments under section 472 or is or would 

be eligible for adoption assistance or kinship guardianship assistance payments 

under section 473) but who can remain safely in the child’s home or in a kinship 

placement as long as services or programs specified in section 471(e)(1) that are 

necessary to prevent the entry of the child into foster care are provided. The 

term includes a child whose adoption or guardianship arrangement is at risk 

of a disruption or dissolution that would result in a foster care placement.’’. 

(c) PAYMENTS UNDER TITLE IV–E.—Section 474(a) of such Act (42 U.S.C. 674(a)) 

is amended— 


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(1) in paragraph (5), by striking the period at the end and inserting ‘‘; plus’’; 

and 

(2) by adding at the end the following: 

‘‘(6) subject to section 471(e)— 

‘‘(A) for each quarter— 

‘‘(i) subject to clause (ii)— 

‘‘(I) beginning after September 30, 2019, and before October 1, 

2025, an amount equal to 50 percent of the total amount expended 

during the quarter for the provision of services or programs specified in subparagraph (A) or (B) of section 471(e)(1) that are provided in accordance with promising, supported, or well-supported 

practices that meet the applicable criteria specified for the practices in section 471(e)(4)(C); and 

‘‘(II) beginning after September 30, 2025, an amount equal to the 

Federal medical assistance percentage (which shall be as defined 

in section 1905(b), in the case of a State other than the District of 

Columbia, or 70 percent, in the case of the District of Columbia) 

of the total amount expended during the quarter for the provision 

of services or programs specified in subparagraph (A) or (B) of section 471(e)(1) that are provided in accordance with promising, supported, or well-supported practices that meet the applicable criteria 

specified for the practices in section 471(e)(4)(C) (or, with respect 

to the payments made during the quarter under a cooperative 

agreement or contract entered into by the State and an Indian 

tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the 

Federal medical assistance percentage that would apply under section 479B(d) (in this paragraph referred to as the ‘tribal FMAP’) if 

the Indian tribe, tribal organization, or tribal consortium made the 

payments under a program operated under that section, unless the 

tribal FMAP is less than the Federal medical assistance percentage 

that applies to the State); except that 

‘‘(ii) not less than 50 percent of the total amount payable to a State 

under clause (i) for a fiscal year shall be for the provision of services 

or programs specified in subparagraph (A) or (B) of section 471(e)(1) 

that are provided in accordance with well-supported practices; plus 

‘‘(B) for each quarter specified in subparagraph (A), an amount equal to 

the sum of the following proportions of the total amount expended during 

the quarter: 

‘‘(i) 50 percent of so much of the expenditures as are found necessary 

by the Secretary for the proper and efficient administration of the State 

plan for the provision of services or programs specified in section 

471(e)(1), including expenditures for activities approved by the Secretary that promote the development of necessary processes and procedures to establish and implement the provision of the services and programs for individuals who are eligible for the services and programs 

and expenditures attributable to data collection and reporting; and 

‘‘(ii) 50 percent of so much of the expenditures with respect to the 

provision of services and programs specified in section 471(e)(1) as are 

for training of personnel employed or preparing for employment by the 

State agency or by the local agency administering the plan in the political subdivision and of the members of the staff of State-licensed or 

State-approved child welfare agencies providing services to children described in section 471(e)(2) and their parents or kin caregivers, including on how to determine who are individuals eligible for the services 

or programs, how to identify and provide appropriate services and programs, and how to oversee and evaluate the ongoing appropriateness 

of the services and programs.’’. 

(d) TECHNICAL ASSISTANCE AND BEST PRACTICES, CLEARINGHOUSE, AND DATA COLLECTION AND EVALUATIONS.—Section 476 of such Act (42 U.S.C. 676) is amended by 

adding at the end the following: 

‘‘(d) TECHNICAL ASSISTANCE AND BEST PRACTICES, CLEARINGHOUSE, DATA COLLECTION, AND EVALUATIONS RELATING TO PREVENTION SERVICES AND PROGRAMS.— 

‘‘(1) TECHNICAL ASSISTANCE AND BEST PRACTICES.—The Secretary shall provide to States and, as applicable, to Indian tribes, tribal organizations, and tribal consortia, technical assistance regarding the provision of services and programs described in section 471(e)(1) and shall disseminate best practices with 

respect to the provision of the services and programs, including how to plan and 


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10 

implement a well-designed and rigorous evaluation of a promising, supported, 

or well-supported practice. 

‘‘(2) CLEARINGHOUSE OF PROMISING, SUPPORTED, AND WELL-SUPPORTED PRAC- TICES.—The Secretary shall, directly or through grants, contracts, or interagency agreements, evaluate research on the practices specified in clauses (iii), 

(iv), and (v), respectively, of section 471(e)(4)(C), and programs that meet the 

requirements described in section 427(a)(1), including culturally specific, or 

location- or population-based adaptations of the practices, to identify and establish a public clearinghouse of the practices that satisfy each category described 

by such clauses. In addition, the clearinghouse shall include information on the 

specific outcomes associated with each practice, including whether the practice 

has been shown to prevent child abuse and neglect and reduce the likelihood 

of foster care placement by supporting birth families and kinship families and 

improving targeted supports for pregnant and parenting youth and their children. 

‘‘(3) DATA COLLECTION AND EVALUATIONS.—The Secretary, directly or through 

grants, contracts, or interagency agreements, may collect data and conduct evaluations with respect to the provision of services and programs described in section 471(e)(1) for purposes of assessing the extent to which the provision of the 

services and programs— 

‘‘(A) reduces the likelihood of foster care placement; 

‘‘(B) increases use of kinship care arrangements; or 

‘‘(C) improves child well-being. 

‘‘(4) REPORTS TO CONGRESS.— 

‘‘(A) IN GENERAL.—The Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House 

of Representatives periodic reports based on the provision of services and 

programs described in section 471(e)(1) and the activities carried out under 

this subsection. 

‘‘(B) PUBLIC AVAILABILITY.—The Secretary shall make the reports to Congress submitted under this paragraph publicly available. 

‘‘(5) APPROPRIATION.—Out of any money in the Treasury of the United States 

not otherwise appropriated, there is appropriated to the Secretary $1,000,000 

for fiscal year 2016 and each fiscal year thereafter to carry out this subsection.’’. 

(e) APPLICATION TO PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS.— 

(1) IN GENERAL.—Section 479B of such Act (42 U.S.C. 679c) is amended— 

(A) in subsection (c)(1)— 

(i) in subparagraph (C)(i)— 

(I) in subclause (II), by striking ‘‘and’’ after the semicolon; 

(II) in subclause (III), by striking the period at the end and inserting ‘‘; and’’; and 

(III) by adding at the end the following: 

‘‘(IV) at the option of the tribe, organization, or consortium, services and programs specified in section 471(e)(1) to children described in section 471(e)(2) and their parents or kin caregivers, in 

accordance with section 471(e) and subparagraph (E).’’; and 

(ii) by adding at the end the following: 

‘‘(E) PREVENTION SERVICES AND PROGRAMS FOR CHILDREN AND THEIR PARENTS AND KIN CAREGIVERS.— 

‘‘(i) IN GENERAL.—In the case of a tribe, organization, or consortium 

that elects to provide services and programs specified in section 

471(e)(1) to children described in section 471(e)(2) and their parents or 

kin caregivers under the plan, the Secretary shall specify the requirements applicable to the provision of the services and programs. The requirements shall, to the greatest extent practicable, be consistent with 

the requirements applicable to States under section 471(e) and shall 

permit the provision of the services and programs in the form of services and programs that are adapted to the culture and context of the 

tribal communities served. 

‘‘(ii) PERFORMANCE MEASURES.—The Secretary shall establish specific 

performance measures for each tribe, organization, or consortium that 

elects to provide services and programs specified in section 471(e)(1). 

The performance measures shall, to the greatest extent practicable, be 

consistent with the prevention services measures required for States 

under section 471(e)(6) but shall allow for consideration of factors 

unique to the provision of the services by tribes, organizations, or consortia.’’; and 

(B) in subsection (d)(1), by striking ‘‘and (5)’’ and inserting ‘‘(5), and 

(6)(A)’’. 


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11 

(2) CONFORMING AMENDMENT.—The heading for subsection (d) of section 479B 

of such Act (42 U.S.C. 679c) is amended by striking ‘‘FOR FOSTER CARE MAINTE- NANCE AND ADOPTION ASSISTANCE PAYMENTS’’. 

SEC. 112. FOSTER CARE MAINTENANCE PAYMENTS FOR CHILDREN WITH PARENTS IN A LICENSED RESIDENTIAL FAMILY-BASED TREATMENT FACILITY FOR SUBSTANCE 

ABUSE. 

(a) IN GENERAL.—Section 472 of the Social Security Act (42 U.S.C. 672) is amended— 

(1) in subsection (a)(2)(C), by striking ‘‘or’’ and inserting ‘‘, with a parent residing in a licensed residential family-based treatment facility, but only to the 

extent permitted under subsection (j), or in a’’; and 

(2) by adding at the end the following: 

‘‘(j) CHILDREN PLACED WITH A PARENT RESIDING IN A LICENSED RESIDENTIAL FAM- ILY-BASED TREATMENT FACILITY FOR SUBSTANCE ABUSE.— ‘‘(1) IN GENERAL.—Notwithstanding the preceding provisions of this section, a 

child who is eligible for foster care maintenance payments under this section, 

or who would be eligible for the payments if the eligibility were determined 

without regard to paragraphs (1)(B) and (3) of subsection (a), shall be eligible 

for the payments for a period of not more than 12 months during which the 

child is placed with a parent who is in a licensed residential family-based treatment facility for substance abuse, but only if— 

‘‘(A) the recommendation for the placement is specified in the child’s case 

plan before the placement; 

‘‘(B) the treatment facility provides, as part of the treatment for substance abuse, parenting skills training, parent education, and individual 

and family counseling; and 

‘‘(C) the substance abuse treatment, parenting skills training, parent education, and individual and family counseling is provided under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma and in accordance with recognized principles of a trauma-informed approach and traumaspecific interventions to address the consequences of trauma and facilitate 

healing. 

‘‘(2) APPLICATION.—With respect to children for whom foster care maintenance 

payments are made under paragraph (1), only the children who satisfy the requirements of paragraphs (1)(B) and (3) of subsection (a) shall be considered to 

be children with respect to whom foster care maintenance payments are made 

under this section for purposes of subsection (h) or section 473(b)(3)(B).’’. 

(b) CONFORMING AMENDMENT.—Section 474(a)(1) of such Act (42 U.S.C. 674(a)(1)) 

is amended by inserting ‘‘subject to section 472(j),’’ before ‘‘an amount equal to the 

Federal’’ the 1st place it appears. 

SEC. 113. TITLE IV–E PAYMENTS FOR EVIDENCE-BASED KINSHIP NAVIGATOR PROGRAMS. 

Section 474(a) of the Social Security Act (42 U.S.C. 674(a)), as amended by section 

111(c), is amended— 

(1) in paragraph (6), by striking the period at the end and inserting ‘‘; plus’’; 

and 

(2) by adding at the end the following: 

‘‘(7) an amount equal to 50 percent of the amounts expended by the State during the quarter as the Secretary determines are for kinship navigator programs 

that meet the requirements described in section 427(a)(1) and that the Secretary determines are operated in accordance with promising, supported, or 

well-supported practices that meet the applicable criteria specified for the practices in section 471(e)(4)(C), without regard to whether the expenditures are incurred on behalf of children who are, or are potentially, eligible for foster care 

maintenance payments under this part.’’. 

Subtitle B—Enhanced Support Under Title IV–B 

SEC. 121. ELIMINATION OF TIME LIMIT FOR FAMILY REUNIFICATION SERVICES WHILE IN 

FOSTER CARE AND PERMITTING TIME-LIMITED FAMILY REUNIFICATION SERVICES WHEN A CHILD RETURNS HOME FROM FOSTER CARE. 

(a) IN GENERAL.—Section 431(a)(7) of the Social Security Act (42 U.S.C. 

629a(a)(7)) is amended— 

(1) in the paragraph heading, by striking ‘‘TIME-LIMITED FAMILY’’ and inserting ‘‘FAMILY’’; and 

(2) in subparagraph (A)— 

(A) by striking ‘‘time-limited family’’ and inserting ‘‘family’’; 


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(B) by inserting ‘‘or a child who has been returned home’’ after ‘‘child care 

institution’’; and 

(C) by striking ‘‘, but only during the 15-month period that begins on the 

date that the child, pursuant to section 475(5)(F), is considered to have entered foster care’’ and inserting ‘‘and to ensure the strength and stability 

of the reunification. In the case of a child who has been returned home, the 

services and activities shall only be provided during the 15-month period 

that begins on the date that the child returns home’’. 

(b) CONFORMING AMENDMENTS.— 

(1) Section 430 of such Act (42 U.S.C. 629) is amended in the matter preceding paragraph (1), by striking ‘‘time-limited’’. 

(2) Subsections (a)(4), (a)(5)(A), and (b)(1) of section 432 of such Act (42 U.S.C. 

629b) are amended by striking ‘‘time-limited’’ each place it appears. 

SEC. 122. REDUCING BUREAUCRACY AND UNNECESSARY DELAYS WHEN PLACING CHILDREN 

IN HOMES ACROSS STATE LINES. 

(a) STATE PLAN REQUIREMENT.—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) 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 such Act (42 U.S.C. 

629g) is amended by adding at the end the following: 

‘‘(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. 

‘‘(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. 


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‘‘(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).’’. 

(c) RESERVATION OF FUNDS TO IMPROVE THE INTERSTATE PLACEMENT OF CHILDREN.—Section 437(b) of such Act (42 U.S.C. 629g(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.’’. 

SEC. 123. ENHANCEMENTS TO GRANTS TO IMPROVE WELL-BEING OF FAMILIES AFFECTED BY 

SUBSTANCE ABUSE. 

Section 437(f) of the Social Security Act (42 U.S.C. 629g(f)) is amended— 

(1) in the subsection heading, by striking ‘‘INCREASE THE WELL-BEING OF, AND

TO IMPROVE THE PERMANENCY OUTCOMES FOR, CHILDREN AFFECTED BY’’ and inserting ‘‘IMPLEMENT IV-E PREVENTION SERVICES, AND IMPROVE THE WELL-BEING

OF, AND IMPROVE PERMANENCY OUTCOMES FOR, CHILDREN AND FAMILIES AFFECTED BY HEROIN, OPIOIDS, AND OTHER’’; 

(2) by striking paragraph (2) and inserting the following: 

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

partnership’ means a collaborative agreement (which may be established on an 

interstate, State, or intrastate basis) entered into by the following: 

‘‘(A) MANDATORY PARTNERS FOR ALL PARTNERSHIP GRANTS.— 

‘‘(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. 

‘‘(B) MANDATORY PARTNERS FOR PARTNERSHIP GRANTS PROPOSING TO

SERVE CHILDREN IN OUT-OF-HOME PLACEMENTS.—If the partnership proposes 

to serve children in out-of-home placements, the Juvenile Court or Administrative Office of the Court that is most appropriate to oversee the administration of court programs in the region to address the population of families 

who come to the attention of the court due to child abuse or neglect. 

‘‘(C) OPTIONAL PARTNERS.—At the option of the partnership, any of the 

following: 

‘‘(i) An Indian tribe or tribal consortium. 

‘‘(ii) Nonprofit child welfare service providers. 

‘‘(iii) For-profit child welfare service providers. 

‘‘(iv) Community health service providers, including substance abuse 

treatment providers. 

‘‘(v) Community mental health providers. 

‘‘(vi) Local law enforcement agencies. 

‘‘(vii) School personnel. 

‘‘(viii) Tribal child welfare agencies (or a consortia of the agencies). 

‘‘(ix) Any other providers, agencies, personnel, officials, or entities 

that are related to the provision of child and family services under a 

State plan approved under this subpart. 

‘‘(D) EXCEPTION FOR REGIONAL PARTNERSHIPS WHERE THE LEAD APPLICANT

IS AN INDIAN TRIBE OR TRIBAL CONSORTIA.—If an Indian tribe or tribal conVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00013 Fmt 6659 Sfmt 6621 E:\HR\OC\HR628.XXX HR628

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sortium enters into a regional partnership for purposes of this subsection, 

the Indian tribe or tribal consortium— 

‘‘(i) may (but is not required to) include the State child welfare agency as a partner in the collaborative agreement; 

‘‘(ii) may not enter into a collaborative agreement only with tribal 

child welfare agencies (or a consortium of the agencies); and 

‘‘(iii) if the condition described in paragraph (2)(B) applies, may include tribal court organizations in lieu of other judicial partners.’’; 

(3) in paragraph (3)— 

(A) in subparagraph (A)— 

(i) by striking ‘‘2012 through 2016’’ and inserting ‘‘2017 through 

2021’’; and (ii) by striking ‘‘$500,000 and not more than $1,000,000’’ and insert- ing ‘‘$250,000 and not more than $1,000,000’’; 

(B) in subparagraph (B)— 

(i) in the subparagraph heading, by inserting ‘‘; PLANNING’’ after ‘‘AP- PROVAL’’; 

(ii) in clause (i), by striking ‘‘clause (ii)’’ and inserting ‘‘clauses (ii) 

and (iii)’’; and 

(iii) by adding at the end the following: 

‘‘(iii) SUFFICIENT PLANNING.—A grant awarded under this subsection 

shall be disbursed in 2 phases: a planning phase (not to exceed 2 

years); and an implementation phase. The total disbursement to a 

grantee for the planning phase may not exceed $250,000, and may not 

exceed the total anticipated funding for the implementation phase.’’; 

and 

(C) by adding at the end the following: 

‘‘(D) LIMITATION ON PAYMENT FOR A FISCAL YEAR.—No payment shall be 

made under subparagraph (A) or (C) for a fiscal year until the Secretary 

determines that the eligible partnership has made sufficient progress in 

meeting the goals of the grant and that the members of the eligible partnership are coordinating to a reasonable degree with the other members of the 

eligible partnership.’’; 

(4) in paragraph (4)— 

(A) in subparagraph (B)— 

(i) in clause (i), by inserting ‘‘, parents, and families’’ after ‘‘children’’; 

(ii) in clause (ii), by striking ‘‘safety and permanence for such children; and’’ and inserting ‘‘safe, permanent caregiving relationships for 

the children;’’; 

(iii) in clause (iii), by striking ‘‘or’’ and inserting ‘‘increase reunification rates for children who have been placed in out of home care, or 

decrease’’; and 

(iv) by redesignating clause (iii) as clause (v) and inserting after 

clause (ii) the following: 

‘‘(iii) improve the substance abuse treatment outcomes for parents including retention in treatment and successful completion of treatment; 

‘‘(iv) facilitate the implementation, delivery, and effectiveness of prevention services and programs under section 471(e); and’’; 

(B) in subparagraph (D), by striking ‘‘where appropriate,’’; and 

(C) by striking subparagraphs (E) and (F) and inserting the following: 

‘‘(E) A description of a plan for sustaining the services provided by or activities funded under the grant after the conclusion of the grant period, including through the use of prevention services and programs under section 

471(e) and other funds provided to the State for child welfare and substance 

abuse prevention and treatment services. 

‘‘(F) Additional information needed by the Secretary to determine that the 

proposed activities and implementation will be consistent with research or 

evaluations showing which practices and approaches are most effective.’’; 

(5) in paragraph (5)(A), by striking ‘‘abuse treatment’’ and inserting ‘‘use disorder treatment including medication assisted treatment and in-home substance 

abuse disorder treatment and recovery’’; 

(6) in paragraph (7)— 

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

(B) by redesignating subparagraph (D) as subparagraph (E) and inserting 

after subparagraph (C) the following: 

‘‘(D) demonstrate a track record of successful collaboration among child 

welfare, substance abuse disorder treatment and mental health agencies; 

and’’; 

(7) in paragraph (8)— 


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15 

(A) in subparagraph (A)— 

(i) by striking ‘‘establish indicators that will be’’ and inserting ‘‘review indicators that are’’; and 

(ii) by striking ‘‘in using funds made available under such grants to 

achieve the purpose of this subsection’’ and inserting ‘‘and establish a 

set of core indicators related to child safety, parental recovery, parenting capacity, and family well-being. In developing the core indicators, to the extent possible, indicators shall be made consistent with the 

outcome measures described in section 471(e)(6)’’; 

(B) in subparagraph (B)— 

(i) in the matter preceding clause (i), by inserting ‘‘base the performance measures on lessons learned from prior rounds of regional partnership grants under this subsection, and’’ before ‘‘consult’’; and 

(ii) by striking clauses (iii) and (iv) and inserting the following: 

‘‘(iii) Other stakeholders or constituencies as determined by the Secretary.’’; 

(8) in paragraph (9)(A), by striking clause (i) and inserting the following: 

‘‘(i) SEMIANNUAL REPORTS.—Not later than September 30 of each fiscal year in which a recipient of a grant under this subsection is paid 

funds under the grant, and every 6 months thereafter, the grant recipient shall submit to the Secretary a report on the services provided and 

activities carried out during the reporting period, progress made in 

achieving the goals of the program, the number of children, adults, and 

families receiving services, and such additional information as the Secretary determines is necessary. The report due not later than September 30 of the last such fiscal year shall include, at a minimum, data 

on each of the performance indicators included in the evaluation of the 

regional partnership.’’; and 

(9) in paragraph (10), by striking ‘‘2012 through 2016’’ and inserting ‘‘2017 

through 2021’’. 

Subtitle C—Miscellaneous 

SEC. 131. REVIEWING AND IMPROVING LICENSING STANDARDS FOR PLACEMENT IN A RELATIVE FOSTER FAMILY HOME. 

(a) IDENTIFICATION OF REPUTABLE MODEL LICENSING STANDARDS.—Not later than 

October 1, 2017, the Secretary of Health and Human Services shall identify reputable model licensing standards with respect to the licensing of foster family homes 

(as defined in section 472(c)(1) of the Social Security Act). 

(b) STATE PLAN REQUIREMENT.—Section 471(a) of the Social Security Act (42 

U.S.C. 671(a)) is amended— 

(1) in paragraph (34)(B), by striking ‘‘and’’ after the semicolon; 

(2) in paragraph (35)(B), by striking the period at the end and inserting a 

semicolon; and 

(3) by adding at the end the following: 

‘‘(36) provides that, not later than April 1, 2018, the State shall submit to the 

Secretary information addressing— 

‘‘(A) whether the State licensing standards are in accord with model 

standards identified by the Secretary, and if not, the reason for the specific 

deviation and a description as to why having a standard that is reasonably 

in accord with the corresponding national model standards is not appropriate for the State; 

‘‘(B) whether the State has elected to waive standards established in 

471(a)(10)(A) for relative foster family homes (pursuant to waiver authority 

provided by 471(a)(10)(D)), a description of which standards the State most 

commonly waives, and if the State has not elected to waive the standards, 

the reason for not waiving these standards; 

‘‘(C) if the State has elected to waive standards specified in subparagraph 

(B), how caseworkers are trained to use the waiver authority and whether 

the State has developed a process or provided tools to assist caseworkers 

in waiving nonsafety standards per the authority provided in 471(a)(10)(D) 

to quickly place children with relatives; and 

‘‘(D) a description of the steps the State is taking to improve caseworker 

training or the process, if any; and’’. 


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SEC. 132. DEVELOPMENT OF A STATEWIDE PLAN TO PREVENT CHILD ABUSE AND NEGLECT 

FATALITIES. 

Section 422(b)(19) of the Social Security Act (42 U.S.C. 622(b)(19)) is amended to 

read as follows: 

‘‘(19) document steps taken to track and prevent child maltreatment deaths 

by including— 

‘‘(A) a description of the steps the State is taking to compile complete and 

accurate information on the deaths required by Federal law to be reported 

by the State agency referred to in paragraph (1), including gathering relevant information on the deaths from the relevant organizations in the 

State including entities such as State vital statistics department, child 

death review teams, law enforcement agencies, offices of medical examiners 

or coroners; and 

‘‘(B) a description of the steps the state is taking to develop and implement of a comprehensive, statewide plan to prevent the fatalities that involves and engages relevant public and private agency partners, including 

those in public health, law enforcement, and the courts.’’. 

SEC. 133. MODERNIZING THE TITLE AND PURPOSE OF TITLE IV–E. 

(a) PART HEADING.—The heading for part E of title IV of the Social Security Act 

(42 U.S.C. 670 et seq.) is amended to read as follows: 

‘‘PART E—FEDERAL PAYMENTS FOR FOSTER CARE, 

PREVENTION, AND PERMANENCY’’. 

(b) PURPOSE.—The 1st sentence of section 470 of such Act (42 U.S.C. 670) is 

amended— 

(1) by striking ‘‘1995) and’’ and inserting ‘‘1995),’’; 

(2) by inserting ‘‘kinship guardianship assistance, and prevention services or 

programs specified in section 471(e)(1),’’ after ‘‘needs,’’; and 

(3) by striking ‘‘(commencing with the fiscal year which begins October 1, 

1980)’’. 

SEC. 134. EFFECTIVE DATES. 

(a) EFFECTIVE DATES.— 

(1) IN GENERAL.—Except as provided in paragraph (2), subject to subsection 

(b), the amendments made by this title shall take effect on October 1, 2016. 

(2) EXCEPTIONS.—The amendments made by sections 131 and 133 shall take 

effect on the date of enactment of this Act. 

(b) TRANSITION RULE.— 

(1) IN GENERAL.—In the case of a State plan under part B or E of title IV 

of the Social Security Act which the Secretary of Health and Human Services 

determines requires State legislation (other than legislation appropriating 

funds) in order for the plan to meet the additional requirements imposed by the 

amendments made by this title, the State plan shall not be regarded as failing 

to comply with the requirements of such part solely on the basis of the failure 

of the plan to meet such additional requirements before the first day of the first 

calendar quarter beginning after the close of the first regular session of the 

State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular 

session of the State legislature. 

(2) APPLICATION TO PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS.— 

In the case of an Indian tribe, tribal organization, or tribal consortium which 

the Secretary of Health and Human Services determines requires time to take 

action necessary to comply with the additional requirements imposed by the 

amendments made by this title (whether the tribe, organization, or tribal consortium has a plan under section 479B of the Social Security Act or a cooperative agreement or contract entered into with a State), the Secretary shall provide the tribe, organization, or tribal consortium with such additional time as 

the Secretary determines is necessary for the tribe, organization, or tribal consortium to take the action to comply with the additional requirements before 

being regarded as failing to comply with the requirements. 


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TITLE II—ENSURING THE NECESSITY OF A 

PLACEMENT THAT IS NOT IN A FOSTER FAMILY HOME 

SEC. 201. LIMITATION ON FEDERAL FINANCIAL PARTICIPATION FOR PLACEMENTS THAT ARE 

NOT IN FOSTER FAMILY HOMES. 

(a) LIMITATION ON FEDERAL FINANCIAL PARTICIPATION.— 

(1) IN GENERAL.—Section 472 of the Social Security Act (42 U.S.C. 672), as 

amended by section 112, is amended— 

(A) in subsection (a)(2)(C), by inserting ‘‘, but only to the extent permitted 

under subsection (k)’’ after ‘‘institution’’; and 

(B) by adding at the end the following: 

‘‘(k) LIMITATION ON FEDERAL FINANCIAL PARTICIPATION.— 

‘‘(1) IN GENERAL.—Beginning with the third week for which foster care maintenance payments are made under this section on behalf of a child placed in 

a child-care institution, no Federal payment shall be made to the State under 

section 474(a)(1) for amounts expended for foster care maintenance payments 

on behalf of the child unless— 

‘‘(A) the child is placed in a child-care institution that is a setting specified in paragraph (2) (or is placed in a licensed residential family-based 

treatment facility consistent with subsection (j)); and 

‘‘(B) in the case of a child placed in a qualified residential treatment program (as defined in paragraph (4)), the requirements specified in paragraph 

(3) and section 475A(c) are met. 

‘‘(2) SPECIFIED SETTINGS FOR PLACEMENT.—The settings for placement specified in this paragraph are the following: 

‘‘(A) A qualified residential treatment program (as defined in paragraph 

(4)). 

‘‘(B) A setting specializing in providing prenatal, post-partum, or parenting supports for youth. 

‘‘(C) In the case of a child who has attained 18 years of age, a supervised 

setting in which the child is living independently. 

‘‘(3) ASSESSMENT TO DETERMINE APPROPRIATENESS OF PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM.— 

‘‘(A) DEADLINE FOR ASSESSMENT.—In the case of a child who is placed in 

a qualified residential treatment program, if the assessment required under 

section 475A(c)(1) is not completed within 30 days after the placement is 

made, no Federal payment shall be made to the State under section 

474(a)(1) for any amounts expended for foster care maintenance payments 

on behalf of the child during the placement. 

‘‘(B) DEADLINE FOR TRANSITION OUT OF PLACEMENT.—If the assessment 

required under section 475A(c)(1) determines that the placement of a child 

in a qualified residential treatment program is not appropriate, a court disapproves such a placement under section 475A(c)(2), or a child who has 

been in an approved placement in a qualified residential treatment program 

is going to return home or be placed with a fit and willing relative, a legal 

guardian, or an adoptive parent, or in a foster family home, Federal payments shall be made to the State under section 474(a)(1) for amounts expended for foster care maintenance payments on behalf of the child while 

the child remains in the qualified residential treatment program only during the period necessary for the child to transition home or to such a placement. In no event shall a State receive Federal payments under section 

474(a)(1) for amounts expended for foster care maintenance payments on 

behalf of a child who remains placed in a qualified residential treatment 

program after the end of the 30-day period that begins on the date a determination is made that the placement is no longer the recommended or approved placement for the child. 

‘‘(4) QUALIFIED RESIDENTIAL TREATMENT PROGRAM.—For purposes of this part, 

the term ‘qualified residential treatment program’ means a program that— 

‘‘(A) has a trauma-informed treatment model that is designed to address 

the needs, including clinical needs as appropriate, of children with serious 

emotional or behavioral disorders or disturbances and, with respect to a 

child, is able to implement the treatment identified for the child by the assessment of the child required under section 475A(c); 

‘‘(B) has registered or licensed nursing staff and other licensed clinical 

staff who— 


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‘‘(i) provide care within the scope of their practice as defined by State 

law; 

‘‘(ii) are on-site during business hours; and 

‘‘(iii) are available 24 hours a day and 7 days a week; 

‘‘(C) to extent appropriate, and in accordance with the child’s best interests, facilitates participation of family members in the child’s treatment 

program; 

‘‘(D) facilitates outreach to the family members of the child, including siblings, documents how the outreach is made (including contact information), 

and maintains contact information for any known biological family and fictive kin of the child; 

‘‘(E) documents how family members are integrated into the treatment 

process for the child, including post-discharge, and how sibling connections 

are maintained; 

‘‘(F) provides discharge planning and family-based aftercare support for 

at least 6 months post-discharge; and 

‘‘(G) is licensed in accordance with section 471(a)(10) and is accredited by 

any of the following independent, not-for-profit organizations: 

‘‘(i) The Commission on Accreditation of Rehabilitation Facilities 

(CARF). 

‘‘(ii) The Joint Commission on Accreditation of Healthcare Organizations (JCAHO). 

‘‘(iii) The Council on Accreditation (COA). 

‘‘(iv) Any other independent, not-for-profit accrediting organization 

approved by the Secretary.’’. 

(2) CONFORMING AMENDMENT.—Section 474(a)(1) of the Social Security Act (42 

U.S.C. 674(a)(1)), as amended by section 112(b), is amended by striking ‘‘section 

472(j)’’ and inserting ‘‘subsections (j) and (k) of section 472’’. 

(b) DEFINITION OF FOSTER FAMILY HOME, CHILD-CARE INSTITUTION.—Section 

472(c) of such Act (42 U.S.C. 672(c)(1)) is amended to read as follows: 

‘‘(c) DEFINITIONS.—For purposes of this part: 

‘‘(1) FOSTER FAMILY HOME.— 

‘‘(A) IN GENERAL.—The term ‘foster family home’ means the home of an 

individual or family— 

‘‘(i) that is licensed or approved by the State in which it is situated 

as a foster family home that meets the standards established for the 

licensing or approval; and 

‘‘(ii) in which a child in foster care has been placed in the care of an 

individual, who resides with the child and who has been licensed or approved by the State to be a foster parent— 

‘‘(I) that the State deems capable of adhering to the reasonable 

and prudent parent standard; 

‘‘(II) that provides 24-hour substitute care for children placed 

away from their parents or other caretakers; and 

‘‘(III) that provides the care for not more than 6 children in foster 

care. 

‘‘(B) STATE FLEXIBILITY.—The number of foster children that may be 

cared for in a home under subparagraph (A) may exceed the numerical limitation in subparagraph (A)(ii)(III), at the option of the State, for any of the 

following reasons: 

‘‘(i) To allow a parenting youth in foster care to remain with the child 

of the parenting youth. 

‘‘(ii) To allow siblings to remain together. 

‘‘(iii) To allow a child with an established meaningful relationship 

with the family to remain with the family. 

‘‘(iv) To allow a family with special training or skills to provide care 

to a child who has a severe disability. 

‘‘(C) RULE OF CONSTRUCTION.—Subparagraph (A) shall not be construed 

as prohibiting a foster parent from renting the home in which the parent 

cares for a foster child placed in the parent’s care. 

‘‘(2) CHILD-CARE INSTITUTION.— 

‘‘(A) IN GENERAL.—The term ‘child-care institution’ means a private childcare institution, or a public child-care institution which accommodates no 

more than 25 children, which is licensed by the State in which it is situated 

or has been approved by the agency of the State responsible for licensing 

or approval of institutions of this type as meeting the standards established 

for the licensing. 

‘‘(B) SUPERVISED SETTINGS.—In the case of a child who has attained 18 

years of age, the term shall include a supervised setting in which the indiVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00018 Fmt 6659 Sfmt 6621 E:\HR\OC\HR628.XXX HR628

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vidual is living independently, in accordance with such conditions as the 

Secretary shall establish in regulations. 

‘‘(C) EXCLUSIONS.—The term shall not include detention facilities, forestry 

camps, training schools, or any other facility operated primarily for the detention of children who are determined to be delinquent.’’. 

(c) TRAINING FOR STATE JUDGES, ATTORNEYS, AND OTHER LEGAL PERSONNEL IN

CHILD WELFARE CASES.—Section 438(b)(1) of such Act (42 U.S.C. 629h(b)(1)) is 

amended in the matter preceding subparagraph (A) by inserting ‘‘shall provide for 

the training of judges, attorneys, and other legal personnel in child welfare cases 

on Federal child welfare policies and payment limitations with respect to children 

in foster care who are placed in settings that are not a foster family home,’’ after 

‘‘with respect to the child,’’. 

(d) ASSURANCE OF NONIMPACT ON JUVENILE JUSTICE SYSTEM.— (1) STATE PLAN REQUIREMENT.—Section 471(a) of such Act (42 U.S.C. 671(a)), 

as amended by section 131, is further amended by adding at the end the following: 

‘‘(37) includes a certification that, in response to the limitation imposed under 

section 472(k) with respect to foster care maintenance payments made on behalf 

of any child who is placed in a setting that is not a foster family home, the 

State will not enact or advance policies or practices that would result in a significant increase in the population of youth in the State’s juvenile justice system.’’. 

(2) GAO STUDY AND REPORT.—The Comptroller General of the United States 

shall evaluate the impact, if any, on State juvenile justice systems of the limitation imposed under section 472(k) of the Social Security Act (as added by section 201(a)(1)) on foster care maintenance payments made on behalf of any child 

who is placed in a setting that is not a foster family home, in accordance with 

the amendments made by subsections (a) and (b) of this section. In particular, 

the Comptroller General shall evaluate the extent to which children in foster 

care who also are subject to the juvenile justice system of the State are placed 

in a facility under the jurisdiction of the juvenile justice system and whether 

the lack of available congregate care placements under the jurisdiction of the 

child welfare systems is a contributing factor to that result. Not later than December 31, 2023, the Comptroller General shall submit to Congress a report on 

the results of the evaluation. 

SEC. 202. ASSESSMENT AND DOCUMENTATION OF THE NEED FOR PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM. 

Section 475A of the Social Security Act (42 U.S.C. 675a) is amended by adding 

at the end the following: 

‘‘(c) ASSESSMENT, DOCUMENTATION, AND JUDICIAL DETERMINATION REQUIREMENTS

FOR PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM.—In the case of 

any child who is placed in a qualified residential treatment program (as defined in 

section 472(k)(4)), the following requirements shall apply for purposes of approving 

the case plan for the child and the case system review procedure for the child: 

‘‘(1)(A) Within 30 days of the start of each placement in such a setting, a 

qualified individual (as defined in subparagraph (D)) shall— 

‘‘(i) assess the strengths and needs of the child using an age-appropriate, 

evidence-based, validated, functional assessment tool approved by the Secretary; 

‘‘(ii) determine whether the needs of the child can be met with family 

members or through placement in a foster family home or, if not, which setting from among the settings specified in section 472(k)(2) would provide 

the most effective and appropriate level of care for the child in the least 

restrictive environment and be consistent with the short- and long-term 

goals for the child, as specified in the permanency plan for the child; and 

‘‘(iii) develop a list of child-specific short- and long-term mental and behavioral health goals. 

‘‘(B)(i) The State shall assemble a family and permanency team for the child 

in accordance with the requirements of clauses (ii) and (iii). The qualified individual conducting the assessment required under subparagraph (A) shall work 

in conjunction with the family of, and permanency team for, the child while conducting and making the assessment. 

‘‘(ii) The family and permanency team shall consist of all appropriate biological family members, relative, and fictive kin of the child, as well as, as appropriate, professionals who are a resource to the family of the child, such as teachers, medical or mental health providers who have treated the child, or clergy. 

In the case of a child who has attained age 14, the family and permanency team 

shall include the members of the permanency planning team for the child that 

are selected by the child in accordance with section 475(5)(C)(iv). 


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‘‘(iii) The State shall document in the child’s case plan— 

‘‘(I) the reasonable and good faith effort of the State to identify and include all such individuals on the family of, and permanency team for, the 

child; 

‘‘(II) all contact information for members of the family and permanency 

team, as well as contact information for other family members and fictive 

kin who are not part of the family and permanency team; 

‘‘(III) evidence that meetings of the family and permanency team, including meetings relating to the assessment required under subparagraph (A), 

are held at a time and place convenient for family; 

‘‘(IV) if reunification is the goal, evidence demonstrating that the parent 

from whom the child was removed provided input on the members of the 

family and permanency team; 

‘‘(V) evidence that the assessment required under subparagraph (A) is determined in conjunction with the family and permanency team; and 

‘‘(VI) the placement preferences of the family and permanency team relative to the assessment and, if the placement preferences of the family and 

permanency team and child are not the placement setting recommended by 

the qualified individual conducting the assessment under subparagraph (A), 

the reasons why the preferences of the team and of the child were not recommended. 

‘‘(C) In the case of a child who the qualified individual conducting the assessment under subparagraph (A) determines should not be placed in a foster family home, the qualified individual shall specify in writing the reasons why the 

needs of the child cannot be met by the family of the child or in a foster family 

home. A shortage or lack of foster family homes shall not be an acceptable reason for determining that a needs of the child cannot be met in a foster family 

home. The qualified individual also shall specify in writing why the recommended placement in a qualified residential treatment program is the setting 

that will provide the child with the most effective and appropriate level of care 

in the least restrictive environment and how that placement is consistent with 

the short- and long-term goals for the child, as specified in the permanency plan 

for the child. 

‘‘(D)(i) Subject to clause (ii), in this subsection, the term ‘qualified individual’ 

means a trained professional or licensed clinician who is not an employee of the 

State agency and who is not connected to, or affiliated with, any placement setting in which children are placed by the State. 

‘‘(ii) The Secretary may approve a request of a State to waive any requirement in clause (i) upon a submission by the State, in accordance with criteria 

established by the Secretary, that certifies that the trained professionals or licensed clinicians with responsibility for performing the assessments described 

in subparagraph (A) shall maintain objectivity with respect to determining the 

most effective and appropriate placement for a child. 

‘‘(2) Within 60 days of the start of each placement in a qualified residential 

treatment program, a family or juvenile court or another court (including a tribal court) of competent jurisdiction, or an administrative body appointed or approved by the court, independently, shall— 

‘‘(A) consider the assessment, determination, and documentation made by 

the qualified individual conducting the assessment under paragraph (1); 

‘‘(B) determine whether the needs of the child can be met through placement in a foster family home or, if not, whether placement of the child in 

a qualified residential treatment program provides the most effective and 

appropriate level of care for the child in the least restrictive environment 

and whether that placement is consistent with the short- and long-term 

goals for the child, as specified in the permanency plan for the child; and 

‘‘(C) approve or disapprove the placement. 

‘‘(3) The written documentation made under paragraph (1)(C) and documentation of the determination and approval or disapproval of the placement in a 

qualified residential treatment program by a court or administrative body under 

paragraph (2) shall be included in and made part of the case plan for the child. 

‘‘(4) As long as a child remains placed in a qualified residential treatment program, the State agency shall submit evidence at each status review and each 

permanency hearing held with respect to the child— 

‘‘(A) demonstrating that ongoing assessment of the strengths and needs 

of the child continues to support the determination that the needs of the 

child cannot be met through placement in a foster family home, that the 

placement in a qualified residential treatment program provides the most 

effective and appropriate level of care for the child in the least restrictive 


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environment, and that the placement is consistent with the short- and longterm goals for the child, as specified in the permanency plan for the child; 

‘‘(B) documenting the specific treatment or service needs that will be met 

for the child in the placement and the length of time the child is expected 

to need the treatment or services; and 

‘‘(C) documenting the efforts made by the State agency to prepare the 

child to return home or to be placed with a fit and willing relative, a legal 

guardian, or an adoptive parent, or in a foster family home. 

‘‘(5) In the case of any child who is placed in a qualified residential treatment 

program for more than 12 consecutive months or 18 nonconsecutive months (or, 

in the case of a child who has not attained age 13, for more than 6 consecutive 

or nonconsecutive months), the State agency shall submit to the Secretary— 

‘‘(A) the most recent versions of the evidence and documentation specified 

in paragraph (4); and 

‘‘(B) the signed approval of the head of the State agency for the continued 

placement of the child in that setting.’’. 

SEC. 203. PROTOCOLS TO PREVENT INAPPROPRIATE DIAGNOSES. 

(a) STATE PLAN REQUIREMENT.—Section 422(b)(15)(A) of the Social Security Act 

(42 U.S.C. 622(b)(15)(A)) is amended— 

(1) in clause (vi), by striking ‘‘and’’ after the semicolon; 

(2) by redesignating clause (vii) as clause (viii); and 

(3) by inserting after clause (vi) the following: 

‘‘(vii) the procedures and protocols the State has established to ensure that children in foster care placements are not inappropriately diagnosed with mental illness, other emotional or behavioral disorders, 

medically fragile conditions, or developmental disabilities, and placed 

in settings that are not foster family homes as a result of the inappropriate diagnoses; and’’. 

(b) EVALUATION.—Section 476 of such Act (42 U.S.C. 676), as amended by section 

111(d), is further amended by adding at the end the following: 

‘‘(e) EVALUATION OF STATE PROCEDURES AND PROTOCOLS TO PREVENT INAPPROPRIATE DIAGNOSES OF MENTAL ILLNESS OR OTHER CONDITIONS.—The Secretary shall 

conduct an evaluation of the procedures and protocols established by States in accordance with the requirements of section 422(b)(15)(A)(vii). The evaluation shall 

analyze the extent to which States comply with and enforce the procedures and protocols and the effectiveness of various State procedures and protocols and shall identify best practices. Not later than January 1, 2019, the Secretary shall submit a report on the results of the evaluation to Congress.’’. 

SEC. 204. ADDITIONAL DATA AND REPORTS REGARDING CHILDREN PLACED IN A SETTING 

THAT IS NOT A FOSTER FAMILY HOME. 

Section 479A(a)(7)(A) of the Social Security Act (42 U.S.C. 679b(a)(7)(A)) is 

amended by striking clauses (i) through (vi) and inserting the following: 

‘‘(i) with respect to each such placement— 

‘‘(I) the type of the placement setting, including whether the 

placement is shelter care, a group home and if so, the range of the 

child population in the home, a residential treatment facility, a 

hospital or institution providing medical, rehabilitative, or psychiatric care, a setting specializing in providing prenatal, postpartum or parenting supports, or some other kind of child-care institution and if so, what kind; 

‘‘(II) the number of children in the placement setting and the 

age, race, ethnicity, and gender of each of the children; 

‘‘(III) for each child in the placement setting, the length of the 

placement of the child in the setting, whether the placement of the 

child in the setting is the first placement of the child and if not, 

the number and type of previous placements of the child, and 

whether the child has special needs or another diagnosed mental 

or physical illness or condition; and 

‘‘(IV) the extent of any specialized education, treatment, counseling, or other services provided in the setting; and 

‘‘(ii) separately, the number and ages of children in the placements 

who have a permanency plan of another planned permanent living arrangement; and’’. 

SEC. 205. EFFECTIVE DATES; APPLICATION TO WAIVERS. 

(a) EFFECTIVE DATES.— 

(1) IN GENERAL.—Subject to paragraph (2) and subsections (b) and (c), the 

amendments made by this title shall take effect on October 1, 2016. 


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(2) TRANSITION RULE.—In the case of a State plan under part B or E of title 

IV of the Social Security Act which the Secretary of Health and Human Services 

determines requires State legislation (other than legislation appropriating 

funds) in order for the plan to meet the additional requirements imposed by the 

amendments made by this title, the State plan shall not be regarded as failing 

to comply with the requirements of such part solely on the basis of the failure 

of the plan to meet the additional requirements before the first day of the first 

calendar quarter beginning after the close of the first regular session of the 

State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular 

session of the State legislature. 

(b) LIMITATION ON FEDERAL FINANCIAL PARTICIPATION FOR PLACEMENTS THAT ARE

NOT IN FOSTER FAMILY HOMES AND RELATED PROVISIONS.—The amendments made 

by sections 201(a), 201(b), 201(d), and 202 shall take effect on October 1, 2019. 

(c) APPLICATION TO STATES WITH WAIVERS.—In the case of a State that, on the 

date of enactment of this Act, has in effect a waiver approved under section 1130 

of the Social Security Act (42 U.S.C. 1320a-9), the amendments made by this title 

shall not apply with respect to the State before the expiration (determined without 

regard to any extensions) of the waiver to the extent the amendments are inconsistent with the terms of the waiver. 

TITLE III—CONTINUING SUPPORT FOR CHILD 

AND FAMILY SERVICES 

SEC. 301. SUPPORTING AND RETAINING FOSTER FAMILIES FOR CHILDREN. 

(a) SUPPORTING AND RETAINING FOSTER PARENTS AS A FAMILY SUPPORT SERVICE.—Section 431(a)(2)(B) of the Social Security Act (42 U.S.C. 631(a)(2)(B)) is 

amended by redesignating clauses (iii) through (vi) as clauses (iv) through (vii), respectively, and inserting after clause (ii) the following: 

‘‘(iii) To support and retain foster families so they can provide quality 

family-based settings for children in foster care.’’. 

(b) SUPPORT FOR FOSTER FAMILY HOMES.—Section 436 of such Act (42 U.S.C. 

629f) is amended by adding at the end the following: 

‘‘(c) SUPPORT FOR FOSTER FAMILY HOMES.—Out of any money in the Treasury of 

the United States not otherwise appropriated, there are appropriated to the Secretary for fiscal year 2018, $8,000,000 for the Secretary to make competitive grants 

to States, Indian tribes, or tribal consortia to support the recruitment and retention 

of high-quality foster families to increase their capacity to place more children in 

family settings, focused on States, Indian tribes, or tribal consortia with the highest 

percentage of children in non-family settings. The amount appropriated under this 

subparagraph shall remain available through fiscal year 2022.’’. 

SEC. 302. EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS. 

(a) EXTENSION OF STEPHANIE TUBBS JONES CHILD WELFARE SERVICES PROGRAM.— 

Section 425 of the Social Security Act (42 U.S.C. 625) is amended by striking ‘‘2012 

through 2016’’ and inserting ‘‘2017 through 2021’’. 

(b) EXTENSION OF PROMOTING SAFE AND STABLE FAMILIES PROGRAM AUTHORIZATIONS.— 

(1) IN GENERAL.—Section 436(a) of such Act (42 U.S.C. 629f(a)) is amended 

by striking all that follows ‘‘$345,000,000’’ and inserting ‘‘for each of fiscal years 

2017 through 2021.’’. 

(2) DISCRETIONARY GRANTS.—Section 437(a) of such Act (42 U.S.C. 629g(a)) is 

amended by striking ‘‘2012 through 2016’’ and inserting ‘‘2017 through 2021’’. 

(c) EXTENSION OF FUNDING RESERVATIONS FOR MONTHLY CASEWORKER VISITS AND

REGIONAL PARTNERSHIP GRANTS.—Section 436(b) of such Act (42 U.S.C. 629f(b)) is 

amended— 

(1) in paragraph (4)(A), by striking ‘‘2012 through 2016’’ and inserting ‘‘2017 

through 2021’’; and 

(2) in paragraph (5), by striking ‘‘2012 through 2016’’ and inserting ‘‘2017 

through 2021’’. 

(d) REAUTHORIZATION OF FUNDING FOR STATE COURTS.— 

(1) EXTENSION OF PROGRAM.—Section 438(c)(1) of such Act (42 U.S.C. 

629h(c)(1)) is amended by striking ‘‘2012 through 2016’’ and inserting ‘‘2017 

through 2021’’. 


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(2) EXTENSION OF FEDERAL SHARE.—Section 438(d) of such Act (42 U.S.C. 

629h(d)) is amended by striking ‘‘2012 through 2016’’ and inserting ‘‘2017 

through 2021’’. 

(e) REPEAL OF EXPIRED PROVISIONS.—Section 438(e) of such Act (42 U.S.C. 

629h(e)) is repealed. 

SEC. 303. IMPROVEMENTS TO THE JOHN H. CHAFEE FOSTER CARE INDEPENDENCE PROGRAM 

AND RELATED PROVISIONS. 

(a) AUTHORITY TO SERVE FORMER FOSTER YOUTH UP TO AGE 23.—Section 477 of 

the Social Security Act (42 U.S.C. 677) is amended— 

(1) in subsection (a)(5), by inserting ‘‘(or 23 years of age, in the case of a State 

with a certification under subsection (b)(3)(A)(ii) to provide assistance and services to youths who have aged out of foster care and have not attained such age, 

in accordance with such subsection)’’ after ‘‘21 years of age’’; 

(2) in subsection (b)(3)(A)— 

(A) by inserting ‘‘(i)’’ before ‘‘A certification’’; 

(B) by striking ‘‘children who have left foster care’’ and all that follows 

through the period and inserting ‘‘youths who have aged out of foster care 

and have not attained 21 years of age.’’; and 

(C) by adding at the end the following: 

‘‘(ii) If the State has elected under section 475(8)(B) to extend eligibility 

for foster care to all children who have not attained 21 years of age, or if 

the Secretary determines that the State agency responsible for administering the State plans under this part and part B uses State funds or any 

other funds not provided under this part to provide services and assistance 

for youths who have aged out of foster care that are comparable to the services and assistance the youths would receive if the State had made such 

an election, the certification required under clause (i) may provide that the 

State will provide assistance and services to youths who have aged out of 

foster care and have not attained 23 years of age.’’; and 

(3) in subsection (b)(3)(B), by striking ‘‘children who have left foster care’’ and 

all that follows through the period and inserting ‘‘youths who have aged out of 

foster care and have not attained 21 years of age (or 23 years of age, in the 

case of a State with a certification under subparagraph (A)(i) to provide assistance and services to youths who have aged out of foster care and have not attained such age, in accordance with subparagraph (A)(ii)).’’. 

(b) AUTHORITY TO REDISTRIBUTE UNSPENT FUNDS.—Section 477(d) of such Act (42 

U.S.C. 677(d)) is amended— 

(1) in paragraph (4), by inserting ‘‘or does not expend allocated funds within 

the time period specified under section 477(d)(3)’’ after ‘‘provided by the Secretary’’; and 

(2) by adding at the end the following: 

‘‘(5) REDISTRIBUTION OF UNEXPENDED AMOUNTS.— 

‘‘(A) AVAILABILITY OF AMOUNTS.—To the extent that amounts paid to 

States under this section in a fiscal year remain unexpended by the States 

at the end of the succeeding fiscal year, the Secretary may make the 

amounts available for redistribution in the 2nd succeeding fiscal year 

among the States that apply for additional funds under this section for that 

2nd succeeding fiscal year. 

‘‘(B) REDISTRIBUTION.— 

‘‘(i) IN GENERAL.—The Secretary shall redistribute the amounts made 

available under subparagraph (A) for a fiscal year among eligible applicant States. In this subparagraph, the term ‘eligible applicant State’ 

means a State that has applied for additional funds for the fiscal year 

under subparagraph (A) if the Secretary determines that the State will 

use the funds for the purpose for which originally allotted under this 

section. 

‘‘(ii) AMOUNT TO BE REDISTRIBUTED.—The amount to be redistributed 

to each eligible applicant State shall be the amount so made available 

multiplied by the State foster care ratio, (as defined in subsection (c)(4), 

except that, in such subsection, ‘all eligible applicant States (as defined 

in subsection (d)(5)(B)(i))’ shall be substituted for ‘all States’). 

‘‘(iii) TREATMENT OF REDISTRIBUTED AMOUNT.—Any amount made 

available to a State under this paragraph shall be regarded as part of 

the allotment of the State under this section for the fiscal year in which 

the redistribution is made. 

‘‘(C) TRIBES.—For purposes of this paragraph, the term ‘State’ includes an 

Indian tribe, tribal organization, or tribal consortium that receives an allotment under this section.’’. 


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(c) EXPANDING AND CLARIFYING THE USE OF EDUCATION AND TRAINING VOUCH- ERS.— (1) IN GENERAL.—Section 477(i)(3) of such Act (42 U.S.C. 677(i)(3)) is amended— 

(A) by striking ‘‘on the date’’ and all that follows through ‘‘23’’ and inserting ‘‘to remain eligible until they attain 26’’; and 

(B) by inserting ‘‘, but in no event may a youth participate in the program 

for more than 5 years (whether or not consecutive)’’ before the period. 

(2) CONFORMING AMENDMENT.—Section 477(i)(1) of such Act (42 U.S.C. 

677(i)(1)) is amended by inserting ‘‘who have attained 14 years of age’’ before 

the period. 

(d) OTHER IMPROVEMENTS.—Section 477 of such Act (42 U.S.C. 677), as amended 

by subsections (a), (b), and (c), is amended— 

(1) in the section heading, by striking ‘‘INDEPENDENCE PROGRAM’’ and inserting ‘‘PROGRAM FOR SUCCESSFUL TRANSITION TO ADULTHOOD’’; 

(2) in subsection (a)— 

(A) in paragraph (1)— 

(i) by striking ‘‘identify children who are likely to remain in foster 

care until 18 years of age and to help these children make the transition to self-sufficiency by providing services’’ and inserting ‘‘support all 

youth who have experienced foster care at age 14 or older in their transition to adulthood through transitional services’’; 

(ii) by inserting ‘‘and post-secondary education’’ after ‘‘high school diploma’’; and 

(iii) by striking ‘‘training in daily living skills, training in budgeting 

and financial management skills’’ and inserting ‘‘training and opportunities to practice daily living skills (such as financial literacy training 

and driving instruction)’’; 

(B) in paragraph (2), by striking ‘‘who are likely to remain in foster care 

until 18 years of age receive the education, training, and services necessary 

to obtain employment’’ and inserting ‘‘who have experienced foster care at 

age 14 or older achieve meaningful, permanent connections with a caring 

adult’’; 

(C) in paragraph (3), by striking ‘‘who are likely to remain in foster care 

until 18 years of age prepare for and enter postsecondary training and education institutions’’ and inserting ‘‘who have experienced foster care at age 

14 or older engage in age or developmentally appropriate activities, positive 

youth development, and experiential learning that reflects what their peers 

in intact families experience’’; and 

(D) by striking paragraph (4) and redesignating paragraphs (5) through 

(8) as paragraphs (4) through (7); 

(3) in subsection (b)— 

(A) in paragraph (2)(D), by striking ‘‘adolescents’’ and inserting ‘‘youth’’; 

and 

(B) in paragraph (3)— 

(i) in subparagraph (D)— 

(I) by inserting ‘‘including training on youth development’’ after 

‘‘to provide training’’; and 

(II) by striking ‘‘adolescents preparing for independent living’’ 

and all that follows through the period and inserting ‘‘youth preparing for a successful transition to adulthood and making a permanent connection with a caring adult.’’; 

(ii) in subparagraph (H), by striking ‘‘adolescents’’ each place it appears and inserting ‘‘youth’’; and 

(iii) in subparagraph (K)— 

(I) by striking ‘‘an adolescent’’ and inserting ‘‘a youth’’; and 

(II) by striking ‘‘the adolescent’’ each place it appears and inserting ‘‘the youth’’; and 

(4) in subsection (f), by striking paragraph (2) and inserting the following: 

‘‘(2) REPORT TO CONGRESS.—Not later than October 1, 2017, the Secretary 

shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the National 

Youth in Transition Database and any other databases in which States report 

outcome measures relating to children in foster care and children who have 

aged out of foster care or left foster care for kinship guardianship or adoption. 

The report shall include the following: 

‘‘(A) A description of the reasons for entry into foster care and of the foster care experiences, such as length of stay, number of placement settings, 

case goal, and discharge reason of 17-year-olds who are surveyed by the NaVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00024 Fmt 6659 Sfmt 6621 E:\HR\OC\HR628.XXX HR628

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tional Youth in Transition Database and an analysis of the comparison of 

that description with the reasons for entry and foster care experiences of 

children of other ages who exit from foster care before attaining age 17. 

‘‘(B) A description of the characteristics of the individuals who report poor 

outcomes at ages 19 and 21 to the National Youth in Transition Database. 

‘‘(C) Benchmarks for determining what constitutes a poor outcome for 

youth who remain in or have exited from foster care and plans the Executive branch will take to incorporate these benchmarks in efforts to evaluate 

child welfare agency performance in providing services to children 

transitioning from foster care. 

‘‘(D) An analysis of the association between types of placement, number 

of overall placements, time spent in foster care, and other factors, and outcomes at ages 19 and 21. 

‘‘(E) An analysis of the differences in outcomes for children in and formerly in foster care at age 19 and 21 among States.’’. 

(e) CLARIFYING DOCUMENTATION PROVIDED TO FOSTER YOUTH LEAVING FOSTER

CARE.—Section 475(5)(I) of such Act (42 U.S.C. 675(5)(I)) is amended by inserting 

after ‘‘REAL ID Act of 2005’’ the following: ‘‘, and any official documentation necessary to prove that the child was previously in foster care’’. 

TITLE IV—CONTINUING INCENTIVES TO 

STATES TO PROMOTE ADOPTION AND LEGAL 

GUARDIANSHIP 

SEC. 401. REAUTHORIZING ADOPTION AND LEGAL GUARDIANSHIP INCENTIVE PROGRAMS. 

Section 473A of the Social Security Act (42 U.S.C. 673b) is amended— 

(1) in subsection (b)(4), by striking ‘‘2013 through 2015’’ and inserting ‘‘2016 

through 2020’’; 

(2) in subsection (h)(1)(D), by striking ‘‘2016’’ and inserting ‘‘2021’’; and 

(3) in subsection (h)(2), by striking ‘‘2016’’ and inserting ‘‘2021’’. 

TITLE V—TECHNICAL CORRECTIONS 

SEC. 501. TECHNICAL CORRECTIONS TO DATA EXCHANGE STANDARDS TO IMPROVE PROGRAM COORDINATION. 

(a) IN GENERAL.—Section 440 of the Social Security Act (42 U.S.C. 629m) is 

amended to read as follows: 

‘‘SEC. 440. DATA EXCHANGE STANDARDS FOR IMPROVED INTEROPERABILITY. 

‘‘(a) DESIGNATION.—The Secretary shall, in consultation with an interagency work 

group established by the Office of Management and Budget and considering State 

government perspectives, by rule, designate data exchange standards to govern, 

under this part— 

‘‘(1) necessary categories of information that State agencies operating programs under State plans approved under this part are required under applicable Federal law to electronically exchange with another State agency; and 

‘‘(2) Federal reporting and data exchange required under applicable Federal 

law. 

‘‘(b) REQUIREMENTS.—The data exchange standards required by paragraph (1) 

shall, to the extent practicable— 

‘‘(1) incorporate a widely accepted, non-proprietary, searchable, computerreadable format, such as the eXtensible Markup Language; 

‘‘(2) contain interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; 

‘‘(3) incorporate interoperable standards developed and maintained by Federal 

entities with authority over contracting and financial assistance; 

‘‘(4) be consistent with and implement applicable accounting principles; 

‘‘(5) be implemented in a manner that is cost-effective and improves program 

efficiency and effectiveness; and 

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

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to require a change to existing data exchange standards found to be effective and efficient.’’. 

(b) EFFECTIVE DATE.—Not later than the date that is 24 months after the date 

of the enactment of this section, the Secretary of Health and Human Services shall 

issue a proposed rule that— 


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(1) identifies federally required data exchanges, include specification and timing of exchanges to be standardized, and address the factors used in determining whether and when to standardize data exchanges; and 

(2) specifies State implementation options and describes future milestones. 

SEC. 502. TECHNICAL CORRECTIONS TO STATE REQUIREMENT TO ADDRESS THE DEVELOPMENTAL NEEDS OF YOUNG CHILDREN. 

Section 422(b)(18) of the Social Security Act (42 U.S.C. 622(b)(18)) is amended by 

striking ‘‘such children’’ and inserting ‘‘all vulnerable children under 5 years of age’’. 

TITLE VI—ENSURING STATES REINVEST SAVINGS RESULTING FROM INCREASE IN ADOPTION ASSISTANCE 

SEC. 601. DELAY OF ADOPTION ASSISTANCE PHASE-IN. 

Section 473(e)(1) of the Social Security Act (42 U.S.C. 673(e)(1)) is amended— 

(1) in subparagraph (A), by striking ‘‘fiscal year’’ each place it appears and 

inserting ‘‘period’’; and 

(2) in subparagraph (B)— 

(A) in the matter preceding the table, by striking ‘‘fiscal year’’ and inserting ‘‘period’’; and 

(B) in the table— 

(i) by striking ‘‘of fiscal year:’’ and inserting ‘‘of:’’; 

(ii) by striking ‘‘2010’’ and inserting ‘‘Fiscal year 2010’’; 

(iii) by striking ‘‘2011’’ and inserting ‘‘Fiscal year 2011’’; 

(iv) by striking ‘‘2012’’ and inserting ‘‘Fiscal year 2012’’; 

(v) by striking ‘‘2013’’ and inserting ‘‘Fiscal year 2013’’; 

(vi) by striking ‘‘2014’’ and inserting ‘‘Fiscal year 2014’’; 

(vii) by striking ‘‘2015’’ and inserting ‘‘Fiscal year 2015’’; 

(viii) by striking ‘‘2016’’ and inserting ‘‘October 1, 2015, through 

March 31, 2019’’; 

(ix) by striking ‘‘2017’’ and inserting ‘‘April 1, 2019, through March 

31, 2020’’; and 

(x) by striking ‘‘2018’’ and inserting ‘‘April 1, 2020,’’. 

SEC. 602. GAO STUDY AND REPORT ON STATE REINVESTMENT OF SAVINGS RESULTING FROM 

INCREASE IN ADOPTION ASSISTANCE. 

(a) STUDY.—The Comptroller General of the United States shall study the extent 

to which States are complying with the requirements of section 473(a)(8) of the Social Security Act relating to the effects of phasing out the AFDC income eligibility 

requirements for adoption assistance payments under section 473 of the Social Security Act, as enacted by section 402 of the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110–351; 122 Stat. 3975) and amended 

by section 206 of the Preventing Sex Trafficking and Strengthening Families Act 

(Public Law 113–183; 128 Stat. 1919). In particular, the Comptroller General shall 

analyze the extent to which States are complying with the following requirements 

under section 473(a)(8)(D) of the Social Security Act: 

(1) The requirement to spend an amount equal to the amount of the savings 

(if any) in State expenditures under part E of title IV of the Social Security resulting from phasing out the AFDC income eligibility requirements for adoption 

assistance payments under section 473 of such Act to provide to children of families any service that may be provided under part B or E of title IV of such Act. 

(2) The requirement that a State shall spend not less than 30 percent of the 

amount of any savings described in subparagraph (A) on post-adoption services, 

post-guardianship services, and services to support and sustain positive permanent outcomes for children who otherwise might enter into foster care under the 

responsibility of the State, with at least 2⁄3 of the spending by the State to comply with the 30 percent requirement being spent on post-adoption and postguardianship services. 

(b) REPORT.—The Comptroller General of the United States shall submit to the 

Committee on Finance of the Senate, the Committee on Ways and Means of the 

House of Representatives, and the Secretary of Health and Human Services a report 

that contains the results of the study required by subsection (a), including recommendations to ensure compliance with laws referred to in subsection (a). 


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1 U.S. House Committee on Ways and Means, 2014 Green Book, Chapter 11, ‘‘Additional Tables and Figures Related to Child Welfare,’’ Table 11–14 (FY2013 data) http:// 

greenbook.waysandmeans.house.gov/sites/greenbook.waysandmeans.house.gov/files/ 

Table%2011-17A.pdf and Table 11–17 http://greenbook.waysandmeans.house.gov/sites/ 

greenbook.waysandmeans.house.gov/files/Table%2011-17.pdf. 2 U.S. Department of Health and Human Services, Administration for Children and Families, 

Office of Legislative Affairs and Budget, Title IV–E FY2014 Expenditures as Reported by the 

States (May 2015). 3 U.S. House Committee on Ways and Means, 2014 Green Book, Chapter 11, ‘‘Additional Tables and Figures Related to Child Welfare,’’ Table 11–17A. http:// 

greenbook.waysandmeans.house.gov/sites/greenbook.waysandmeans.house.gov/files/ 

Table%2011-17A.pdf. 

I. SUMMARY AND BACKGROUND 

A. PURPOSE AND SUMMARY

H.R. 5456 as amended, the ‘‘Family First Prevention Services Act 

of 2016,’’ as ordered reported by the Committee on Ways and 

Means on June 15, 2016, strengthens families by providing evidence-based prevention services to keep children out of foster care 

and reduces inappropriate placements of foster children into group 

homes. 

B. BACKGROUND AND NEED FOR LEGISLATION

More than 400,000 children in the United States are living in 

foster care on any one day. While some children stay only for a 

short time, on a given day nearly 100,000 have spent at least one 

year in care, more than 67,000 have been living in foster care for 

three years or more, and each year more than 20,000 children 

reach adulthood while living in foster care.1

The public and human cost of removing abused and neglected 

children from their birth families and caring for them in foster 

families, group homes, or institutions is substantial. State and federal expenditures in foster care totaled more than $8 billion in fiscal year 2014 under title IV–E of the Social Security Act (Federal 

Payments for Foster Care and Adoption Assistance).2 Even more is 

spent on medical care and child care payments to the families that 

care for these vulnerable children. Further, there are longer-term 

costs that society incurs because of the developmental risks associated with child maltreatment, trauma, and family disruption. 

The majority of children who enter foster care end up either reunifying with their parents or principal caretakers (51%) or going 

to live with a relative or guardian (15%).3 Given the intense emotional trauma associated with entering foster care, as well as the 

cost to both state and federal governments, there is great interest 

in identifying ways to promote family stability, reduce foster care 

entries and lengths of stay, and facilitate reunification and kinship 

placements. Additionally, as policymakers look at ways to ensure 

that group homes are safe and limited to situations where a family 

placement cannot meet the child’s needs, there also needs to be better support to ensure those children are safe at home or with foster 

families. 

The ‘‘Family First Prevention Services Act of 2016’’ would shift 

federal child welfare spending away from what is often the worstcase scenario (having to remove children from their homes to keep 

them safe) and toward better options (evidence-based programs to 

strengthen families and protect children). Starting on October 1, 

2019, when current title IV–E waivers expire, the bill would reimVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00027 Fmt 6659 Sfmt 6602 E:\HR\OC\HR628.XXX HR628

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4 American Academy of Pediatrics, Letter to Chairman Kevin Brady, Ranking Member Sander 

Levin, Senate Finance Committee Chairman Orrin Hatch and Ranking Member Ron Wyden, June 13, 2016. 

burse states a portion of their costs for providing substance abuse, 

mental health, and in-home parenting services for up to 12 months 

with the purpose of making foster care unnecessary by addressing 

underlying family challenges. This bill increases the likelihood of 

positive short and long-term outcomes for both children and parents. Moreover, it would ensure that children who do need foster 

care are appropriately placed with family members, whenever possible. 

Under current child welfare financing, when a family is struggling, the vast majority of federal support is only available if the 

state removes a child from his or her biological or adoptive home 

and places the child in foster care. Even though it is often less expensive and more effective, federal support for prevention services 

that can keep the child safe at home is extremely limited. 

Despite the efforts of many loving foster parents, children who 

spend time in foster care face increased risks of substance abuse, 

homelessness, teen pregnancy and other negative outcomes. In addition, the nation is currently in the grips of an opioid epidemic, 

which according to many states is responsible for recent spikes in 

the need for out-of-home foster care placements after more than a 

decade of decline. 

Too often, biological families, families that have adopted a child 

from foster care, and families where a relative is caring for the 

child have been told that the only way to get help is for the child 

to enter (or reenter) foster care. Under this bill, those families 

would all be eligible for services, if needed to keep the child safely 

at home. Only prevention services classified as ‘‘promising,’’ ‘‘supported,’’ or ‘‘well-supported,’’ based on an evidence structure developed by the California Evidence-Based Clearinghouse, would be eligible for reimbursement. As the American Academy of Pediatrics 

wrote after the bill was introduced: 

[The Family First Prevention Services Act] not only recognizes the unique needs of children and families in adversity, but also makes great strides to meet them in a way 

that pediatricians can stand behind: through evidencebased, prevention-focused approaches. The bill offers states 

much-needed federal funding to support mental health, 

substance abuse and in-home parenting skills programs for 

families of children at-risk of entering foster care.4

H.R. 5456 ensures more foster children are placed with families 

by limiting federal reimbursement to only congregate care placements that are demonstrated to be the most appropriate for a 

child’s needs, subject to ongoing judicial review. In addition, to be 

eligible for federal payment, congregate care settings would be subject to licensing and accreditation standards to ensure they provide 

appropriate supervision and have the necessary clinical staff to address children’s needs. Upon introduction of H.R. 5456, the Children’s Defense Fund stated: 

[The Family First Prevention Services Act] takes historic 

and long overdue steps to direct federal child welfare dollars to improve outcomes for vulnerable children and famiVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00028 Fmt 6659 Sfmt 6602 E:\HR\OC\HR628.XXX HR628

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5 Children’s Defense Fund, letter to Chairman Kevin Brady, Ranking Member Sander Levin, 

Senate Finance Committee Chairman Orrin Hatch, Ranking Member Ron Wyden, Human Resources Subcommittee Chairman Vern Buchanan, and Human Resources Subcommittee Ranking 

Member Lloyd Doggett, June 13, 2016. 6 Juvenile Law Center, letter to Committee Staff, June 13, 2016. 

7 Representative Todd Young, Remarks during House Floor Passage of H.R. 4472, the ‘‘Modernizing the Interstate Placement of Children in Foster Care Act’’. March 22, 2016. 

lies . . . [It] takes important steps to ensure children who 

need foster care will be placed in the least-restrictive most 

family-like setting appropriate to their needs, and gives 

special attention to children whose emotional or other special needs require residential treatment.’’ 5

The Juvenile Law Center agreed, stating in a letter to Members 

of the Committee ‘‘We strongly support the [Family First Prevention Services Act] and believe it would greatly improve the ability 

of child welfare agencies to keep children in their own homes and 

shorten their time in the system if they do enter.’’ 6

H.R. 5456 further supports family relationships by allowing 

states to receive partial federal reimbursement for evidence-based 

Kinship Navigator programs to help children remain with family 

members whenever possible. Kinship Navigator programs provide 

information, referral, and follow-up services to grandparents and 

other relatives who unexpectedly assume caregiver responsibility 

for children who cannot remain safely with their parents. 

The bill also keeps families together by reauthorizing the Regional Partnership Grant program that provides funding to state 

and regional grantees seeking to provide evidence-based services to 

prevent child abuse and neglect related to substance abuse, and 

updates grant requirements based on lessons learned from the 

most effective past grants. In addition, the bill updates the program to specifically address the opioid and heroin epidemic and 

leverages what’s been learned to ensure that new foster care prevention funding provided under the bill is used effectively. 

The bill improves support for the transition to adulthood by updating the John H. Chafee Foster Care Independence Program to 

allow states the option of continuing to assist older former foster 

youth up to age 23, including providing education and training 

vouchers. 

Included in the bill is the bipartisan House-passed H.R. 4472, the 

‘‘Modernizing the Interstate Placement of Children in Foster Care 

Act’’ which encourages states to use electronic systems for information exchange when placing children across state lines. This reduces the amount of time foster children wait to be adopted, placed 

with relatives, or placed with foster parents. As Representative 

Todd Young (R–IN), sponsor of H.R. 4472, noted on the House 

Floor during debate and passage of the bill: 

These are pilot programs that have achieved substantial 

reductions in the time it took to place these children into 

forever homes, reducing the time a child waited by 30%. 

For a child, that means a month and a half less time being 

shuffled from foster home to foster home, being taken in 

and out of school, without a set routine.7

Similarly, Representative Danny Davis (D–IL), the lead co-sponsor of H.R. 4472, commented during the same debate, ‘‘H.R. 4472 

would accelerate the number of participating states in the short 


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8 Representative Danny Davis, Remarks during House Floor Passage of H.R. 4472, the ‘‘Modernizing the Interstate Placement of Children in Foster Care Act’’, March 22, 2016. 

run, and ensure that all states participate in the long run . . . 

Modernizing the technology to increase efficiencies and quicken 

placements is commonsense and respects the urgency of finding 

permanent loving homes for children.’’ 8

H.R. 5456 helps relative caregivers by requiring that states examine whether their licensing standards align with the best practices outlined in model family foster home licensing standards that 

set reasonable requirements for family homes that consider community norms and cultural differences as well as remove artificial 

barriers to family care. Further, the bill requires states to describe 

whether and how it has elected to waive licensing standards for 

relative foster family homes and what efforts are made to train 

caseworkers about waiving non-safety standards when licensing 

relatives to promote family placement. The bill also supports existing child welfare services by extending for five years the Promoting 

Safe and Stable Families and Child Welfare Services programs 

(jointly title IV–B of the Social Security Act) as well as the Adoption and Legal Guardianship Incentive Payments, which are set to 

expire at the end of fiscal year 2016. 

Finally, H.R. 5456 delays the final implementation of additional 

federal reimbursement for the adoptions of infants and toddlers to 

allow for a Government Accountability Office review. The study 

will examine compliance with the Fostering Connections to Success 

and Increasing Adoptions Act of 2008 (P.L. 110–135) requirement 

that states reinvest the state funds freed up as a result of increased federal reimbursement for adoption. All adoptive families 

would remain eligible for either state or federally-funded services, 

and adoptive families with a child at risk of reentering foster care 

would be newly eligible for evidence-based prevention services provided under this bill. 

C. LEGISLATIVE HISTORY

Background 

H.R. 5456, the ‘‘Family First Prevention Services Act of 2016,’’ 

was introduced on June 13, 2016, by Representative Vern 

Buchanan and was referred to the Committee on Ways and Means. 

Committee hearings 

The Ways and Means Subcommittee on Human Resources held 

a hearing on May 18, 2016 on parental substance abuse and its impact on the child welfare system. The hearing entitled, ‘‘The Heroin 

Epidemic and Parental Substance Abuse: Using Evidence and Data 

to Protect Kids from Harm’’ provided Members with the opportunity to examine the effectiveness of programs designed to address 

parental substance abuse and the potential for expanding these 

types of programs to keep more families together. Members also 

learned about state efforts to better use data to identify and serve 

children most at risk due to parental substance abuse or other risk 

factors. 

As Subcommittee Chairman Buchanan (R–FL) remarked during 

his opening statement: 


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9 Chairman of the Ways and Means Human Resources Subcommittee Vern Buchanan (R–FL), 

Opening Statement, Hearing on The Heroin Epidemic and Parental Substance Abuse and Using 

Evidence and Data to Protect Kids from Harm, May 18, 2016. 

According to data and news reports, parental drug abuse 

is a leading factor in why children enter foster care. Officials in multiple states have cited opioids, heroin, and 

other substances as a major reason for the increase in foster care caseloads, and federal data supports this view. In 

FY 2014, more than 25% of those children found to be victims of abuse or neglect had caregivers with drug abuse 

problems. Thankfully, many states, including Florida, are 

leading efforts to combat this crisis. Today we will learn 

about some of these approaches, including ways to serve 

families at home or in other settings so children can remain safely with their parents, or more quickly return 

home if they must enter foster care.’’ 9

Throughout the past few Congresses, the House Ways and Means 

Human Resources Subcommittee held a number of hearings focusing on child welfare and related issues, including: 

• Improving Programs Designed to Protect At-Risk Youth, 

June 16, 2011 

• Child Deaths Due to Maltreatment, July 12, 2011 

• Increasing Adoptions from Foster Care, February 27, 2013 

• Proposal to Reduce Child Deaths Due to Maltreatment, December 12, 2012 

• Letting Kids Be Kids: Balancing Safety with Opportunity 

for Foster Youth, May 9, 2013 

• Evaluating Efforts to Help Families Support their Children 

and Escape Poverty, July 17, 2013 

• Preventing and Addressing Sex Trafficking of Youth in 

Foster Care, October 23, 2013 

• Field Hearing on Efforts to Prevent and Address Child Sex 

Trafficking in Washington State, February 19, 2014 

• Caring for Our Kids: Are We Overmedicating Children in 

Foster Care?, May 29, 2014 

• Challenges Facing Low-Income Individuals and Families 

in Today’s Economy, February 11, 2015 

Committee action 

The Committee on Ways and Means marked up H.R. 5456, the 

‘‘Family First Prevention Services Act of 2016,’’ on June 15, 2016. 

The bill was ordered favorably reported to the House of Representatives, as amended, by a voice vote (with a quorum being present). 

II. EXPLANATION OF THE BILL 

SECTIONS 1 AND 2: SHORT TITLE AND TABLE OF CONTENTS

Present law 

No provision. 

Explanation of provision 

These sections contain the short title of the bill, the ‘‘Family 

First Prevention Services Act of 2016,’’ and the table of contents. 


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Reason for change 

The Committee believes that the short title and table of contents 

accurately reflect the policy actions included in the legislation. 

Effective date 

These provisions are effective upon enactment. 

Title I—Investing in Prevention and Family Services 

SECTION 101: PURPOSE

Present law 

No provision. 

Explanation of provision 

This section contains the purpose of the title to enable states to 

use federal funds available under title IV–B and title IV–E of the 

Social Security Act to enhance their support to children and families and prevent foster care placements. 

Reason for change 

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

Effective date 

The provision is effective upon enactment. 

SUBTITLE A—PREVENTION ACTIVITIES UNDER TITLE IV–E

SECTION 111: FOSTER CARE PREVENTION SERVICES AND PROGRAMS

Present law 

Under title IV–E, states, territories and tribes with an approved 

title IV–E plan are entitled to federal support for a part of the cost 

of providing assistance to each eligible child and to each eligible 

child who leaves foster care for a new permanent home (via adoption or legal guardianship). Title IV–E funding may not be used to 

provide services, including those identified as needed to prevent a 

child’s placement in foster care [Sec. 474(a)(1), (2), (3), and (5) of 

the Social Security Act]. 

In general, under title IV–E states may only receive federal foster care support for children placed in foster care who were removed from families with very low income. States are permitted, 

however, to claim some federal title IV–E support for limited program administration work done concerning a child who is considered at imminent risk of entering, or re-entering, foster care. These 

children are referred to as ‘‘candidates.’’ To be a ‘‘candidate’’ a child 

must be ‘‘potentially eligible’’ for a title IV–E foster care maintenance payments (which includes meeting the income test) and the 

state must have begun court proceeding to remove the child from 

the home or be making reasonable efforts to prevent the child’s 

entry to foster care [Sec. 472(i)(2) of the Social Security Act]. 

For each child in foster care the state must develop a written 

case plan [Sec 471(a)(16) and Sec. 475(1) of the Social Security 

Act]. 


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A state or tribe must have an approved title IV–E plan in order 

to receive federal support under title IV–E [Sec. 471(a) of the Social 

Security Act]. 

States must regularly report to HHS on the characteristics of 

each child in foster care (e.g., age, race/ethnicity, date of entry to 

care, placement setting in care and more) [Sec. 479 of the Social 

Security Act]. HHS is required to develop outcome measures related to children in foster care and it must annually report statelevel performance on these measures [Sec. 479A of the Social Security Act]. 

Title IV–B authorizes funds to states and tribes for provision of 

services to children and their families and requires states to provide non-federal ‘‘matching’’ dollars to receive title IV–B funds. 

Under the Temporary Assistance for Needy Families (TANF) block 

grant (title IV–A) states and tribes receive funding that may be 

used to provide cash aid for low-income families with children and 

a range of services. To receive federal TANF funds, states are required to spend non-federal dollars up to a specific maintenance of 

effort (MOE) level in TANF or related programs. Under the Social 

Services Block Grant (SSBG) (title XX, Subtitle A) states receive 

funding that may be used for a variety of protective, preventative, 

and support services for children and adults, including the elderly. 

There are no federal matching or MOE requirements under SSBG. 

Receipt of title IV–E aid or assistance may affect a child’s eligibility for other programs authorized under the Social Security Act. 

States and tribes with an approved title IV–E plan are entitled 

to reimbursement for a part of the costs of providing title IV–E assistance and administering the program. The share of title IV–E 

program costs reimbursed by the federal government varies by 

state and/or type of program costs: For foster care maintenance, 

adoption and kinship guardianship assistance payments, it equals 

the Federal Medical Assistance Percentage (FMAP) of the given 

state or tribe and may range from 50%–83%. For program administrative costs (other than training) it is 50% in all states and tribes. 

For program training costs, it is 75% in all states and tribes. 

Title IV–E funding may not be used to provide social services. It 

is generally not available until a child enters foster care and then, 

with very limited exceptions, only for children in foster care who 

meet federal eligibility requirements, including an income test (applied to the home from which the child was removed) [Sec. 

474(a)(1), (2), (3), and (5) of the Social Security Act]. 

Effective with FY2010, the title IV–E program permits tribes (or 

tribal consortia) to directly operate a title IV–E program under an 

HHS-approved title IV–E plan. With limited exceptions, tribes 

wishing to receive direct federal title IV–E funding must meet each 

of the program rules and funding requirements made of states 

under title IV–E [Sec. 479B of the Social Security Act]. 

Explanation of provision 

This section would amend the title IV–E foster care and permanency program to give states and tribes the option of receiving partial federal reimbursement for state expenditures to provide services that enable children to remain safely at home, or with a kin 

care provider. These prevention activities would include mental 

health and substance abuse prevention and treatment services, and 


SSpencer on DSK4SPTVN1PROD with REPORTS
34 

in-home parent skill-based programs (including parenting skills 

training, parent education, and individual and family counseling). 

This section would provide partial federal reimbursement for the 

title IV–E prevention services and programs for any child determined to be at imminent risk of entering (or re-entering) foster 

care, any pregnant or parenting youth in foster care, and the parents and/or kin caregivers of such children and youth would be 

available for a period of no more than 12 months. No income test 

would apply. 

Mental health and substance abuse prevention and treatment 

services and in-home parent skill-based programs would be eligible 

for title IV–E support only if they are offered in a trauma-informed 

manner; specified in the child’s written ‘‘prevention plan’’ (before 

they are provided to, or on behalf of, the child); and meet the definition of a ‘‘promising,’’ ‘‘supported,’’ or ‘‘well-supported’’ practice 

given in the bill. The amount and rigor of research necessary to 

meet the definition for each of these categories varies; however, to 

be included in any of these categories, one or more reliable study 

must have found that the practice is superior to an appropriate 

comparison practice in achieving improved child and parent outcomes on matters such as child safety and well-being, mental 

health, and substance abuse. 

Additionally, a state opting to provide these services under its 

title IV–E plan would need to include a prevention component in 

its HHS-approved title IV–E plan. Among other things, the prevention component would need to specify the title IV–E prevention 

services and programs the state intends to provide and whether 

they are promising, supported, or well-supported; describe the outcomes the state intends to achieve; discuss how the state will 

evaluate its provision of each prevention service or program offered; describe how it will continuously monitor its provisions of 

these prevention services and programs and use the information 

learned to refine and improve its practices; and describe how child 

welfare workers will be trained and supported to effectively carry 

out title IV–E prevention services and supports. Further, the prevention component would need to be updated and resubmitted for 

approval every five years. The state would also need to assure that 

it would collect and report to HHS certain data on each child for 

whom, or on whose behalf, prevention services or programs are provided and, any information necessary to ensure the state meets the 

required maintenance of effort (MOE) spending level. 

Title IV–E support for prevention services and programs that are 

promising, supported, or well-supported would be available beginning with the first day of FY2020 (October 1, 2019). For each of 

FY2020–FY2025 this federal support would equal 50% of the total 

cost to the state of providing title IV–E prevention services and 

programs. Beginning with FY2026 (October 1, 2025), the federal 

share of the total cost of providing title IV–E prevention services 

and programs would be set at the state’s Federal Medical Assistance Percentage or FMAP. A state’s FMAP—sometimes referred to 

as its ‘‘Medicaid matching rate’’—is annually recalculated by HHS 

and may vary from 50%–83% (with states that have lower per capita income receiving higher federal support and vice versa). There 

would be no income test associated with claiming federal support 

for providing these services to children or their families. However, 


SSpencer on DSK4SPTVN1PROD with REPORTS
35 

in every fiscal year (beginning with FY2020), no less than one-half 

(50%) of a state’s title IV–E prevention services and programs must 

be spent on well-supported practices in order for the spending to 

be eligible for federal reimbursement. Finally, federal support for 

program administration and training related to providing these 

title IV–E prevention services and programs, including program development and data collection and report costs, would be available 

at 50%. 

A state taking the title IV–E prevention services and program 

option would be required to continue spending (outside of the title 

IV–E program) no less on ‘‘foster care prevention services, and activities’’ than it had spent for those services and activities in 

FY2014. This FY2014 spending level would be the state’s required 

maintenance of effort (MOE), and no MOE spending could be used 

to access reimbursement for title IV–E prevention services and programs. To establish a state’s MOE spending level, HHS would be 

required to determine which activities provided under the title IV– 

B child welfare services program, the Temporary Assistance for 

Needy Families (TANF) block grant, the Social Services Block 

Grant (SSBG) and other state programs are ‘‘foster care prevention 

services and activities.’’ A state’s MOE spending level would include federal, state, and local dollars spent for those foster care 

prevention services and activities under those programs. 

Tribes with an approved title IV–E plan may elect to provide prevention and services programs on generally the same basis as 

states with an approved title IV–E plan. HHS would be required 

to specify the title IV–E requirements and prevention performance 

measures applicable to a given tribe, which to the ‘‘greatest extent 

practicable,’’ must be consistent with requirements and performance measures applicable to states and must permit provision of 

services and programs adapted to the context and culture of the 

tribal communities served. 

No later than October 1, 2018, HHS would be required to issue 

(and update as needed) guidance to states that includes a ‘‘pre-approved’’ list of services and programs that meet the promising, supported, and well-supported practices criteria of the title IV–E prevention services and programs component. Further, HHS would be 

required to offer technical assistance to states on implementing 

services and programs meeting the promising, supported, and wellsupported practices criteria and must ensure establishment of a 

public clearinghouse to evaluate existing research and provide information on those practices and their outcomes. It may also carry 

out, or support, research, evaluation and data collection to assess 

the extent to which title IV–E prevention services and programs reduce the likelihood of foster care placement, increase use of kinship 

care, and improve child well-being and would be required to provide periodic reports to the House Ways and Means and Senate Finance Committees on the provision of title IV–E prevention services and programs. The bill would directly appropriate $1 million 

a year to enable HHS to carry out these duties. 

Beginning in FY2021, HHS would be required to establish prevention performance measures (based on median state performance) concerning the cost of prevention services and programs and 

the percentage of candidates for foster care who did not enter care 


SSpencer on DSK4SPTVN1PROD with REPORTS
36 

10Stoltzfus, E (March 2015). Memorandum to the Senate Finance Committee: Current Law 

Regarding Child Welfare Demonstration Authority and Project Approved. 11Stoltzfus, E (March 2015). Memorandum to the Senate Finance Committee: Current Law 

Regarding Child Welfare Demonstration Authority and Project Approved. 

during the 12-month period in which they received title IV–E prevention services and programs (and for 12 months afterwards). 

Reason for change 

Currently, there are 31 title IV–E waiver projects approved or 

being implemented in 30 jurisdictions across the country. The Committee expects that the Secretary of HHS will use current statutory 

authority to extend state or tribal title IV–E waivers through the 

end of FY 2019, when necessary and requested by the state or 

tribe, to ensure continuity of prevention services provided to families and a smooth transition to prevention funding via title IV–E, 

and will serve as a resource for states and tribes during the transition. 

A majority of these projects (22) have a strong focus on preventing entry or re-entry to foster care when possible, and, if a 

child enters or is in foster care, finding permanency for the child 

(usually through family reunification whenever possible). The remaining nine target services to children in foster care (or who have 

left foster care) and their parents, including four dedicated largely 

to reducing inappropriate use of congregate care. These projects 

targeting children in foster care also share a focus on engaging 

family and kin in care of their children whenever possible. 

States have identified a range of program strategies to accomplish the goals of their waiver, a number of which have been previously evaluated as effective. Most commonly these include assessing the needs of the family using clinical and functional assessments (one or more, alone or combined) (18 states), including, for 

example, the Child and Adolescent Needs and Strengths Assessment, and the Ages and States Questionnaire. The purpose of these 

assessments, generally, is to better understand the particular 

strengths and needs of a child and family and to be able to individualize services accordingly.10

Many states indicate they use: • Evidenced-based parenting education models (e.g., Positive 

Parenting Program (Triple P) or the Incredible Years (17 

states); • Therapeutic services, including those with specific awareness of effects of trauma, (e.g., Parent-Child Interaction Therapy or Multi-Dimensional Treatment Foster Care) (15 states); • Practices that facilitate greater parent and family member 

input in case planning and management through the use of 

Family Group Decision Making, Family Team Conferencing, 

and other family engagement strategies (14 states); and • Family preservation services (e.g., Homebuilders) (13 

states).11

This list of interventions and specific models is by no means exhaustive, but is meant to suggest some of the more frequently used 

waiver interventions. Because the title IV–E waiver authority expires in FY2019, it is necessary for Congress to act to ensure states 

may continue to use federal dollars to support foster care prevention activities like those outlined above. The narrow expansion of 


SSpencer on DSK4SPTVN1PROD with REPORTS
37 

title IV–E under this legislation will allow states with existing title 

IV–E waivers to continue to invest in high quality prevention services while allowing those states without such waivers to take advantage of this new federal option. It is also the Committee’s expectation that states and tribes would provide some services which 

lasted more than 12 months, and would use the reimbursement for 

the first 12 months to reduce the state’s overall cost of serving 

those children and families. 

Under the eligibility criteria for new prevention services in title 

IV–E, the Committee recognized that children may come to the attention of the child welfare system and be considered at imminent 

risk of entry into foster care in a wide variety of scenarios. Accordingly, the Committee intentionally did not attempt to provide an 

exhaustive list of the living situations and caregiver dynamics that 

would trigger eligibility for the evidence-based mental health, substance abuse, and parent skill-building services made available 

under this bill. The Committee believes the intent of this legislation is for states to use these new matching funds in the panoply 

of possible scenarios under which a child may be at imminent risk 

of entering foster care and would likely enter but for the provision 

of support services. 

The following represents examples, but is by no means an exhaustive list, of the types of scenarios during which a state could 

claim a match for title IV–E prevention services on behalf of a child 

and his or her caregivers: • When an adopted child is at risk of entering or re-entering 

foster care, these prevention services can come in the form of 

post-adoption supports and be made available so that such parents need not relinquish their parental right in order to access 

such services; • When a child in a formal or informal kinship placement is 

at imminent risk of entering or re-entering foster care, these 

prevention services can be made available; • When a child is living with his or her parents and is 

deemed as being at imminent risk of entering foster care, but 

a relative caregiver could step in to become the guardian if provided prevention services, such services can be made available; 

• If a child at a young age was deemed a candidate for care 

and his or her caregiver received services under this bill and 

years later the child was again deemed at imminent risk of 

entry later in life, this bill would allow for the state to draw 

down prevention services under title IV–E at both points in the 

child’s and family’s lives; or 

• When a child is living with his or her parents and is 

deemed as being at imminent risk of entering foster care, but 

can remain safely at home through the provision of prevention 

services. 

Some children come to the attention of the child welfare system 

immediately at birth, when an infant is identified as being affected 

by illegal substance abuse or withdrawal symptoms resulting from 

prenatal drug exposure, or a Fetal Alcohol Spectrum Disorder. Current law (the Child Abuse Prevention and Treatment Act or 

CAPTA) requires health care providers involved in the delivery or 

care of such infants to notify the child protective services system 

of the occurrence of such conditions. CAPTA also requires that 


SSpencer on DSK4SPTVN1PROD with REPORTS
38 

12Wilson, Duff and Shiffman, John. Helpless & Hooked: A Reuters Investigation (December 

2015). http://www.reuters.com/investigates/special-report/baby-opioids/. 13Dworsky, A., & Courtney, M. (2010). The risk of teenage pregnancy among transitioning foster youth: Implications for extending state care beyond age 18. Children and Youth Services Review, 32, 1351–1356. 14Putnam-Hornstein, E., Cederbaum, J. A., King, B., & Needell, B. (November 2013). California’s Most Vulnerable Parents: When Maltreated Children Have Children. Conrad N. Hilton 

Foundation: Agoura Hills, CA. 

states assure that they are operating programs with policies and 

procedures for the development of a plan of safe care to ensure the 

safety and well-being of such infants following their release from 

the care of healthcare providers. However, a recent investigation 

revealed many states are not in compliance with federal law, largely attributed to a lack of resources associated with CAPTA.12 This 

bill would encourage greater collaboration between child welfare 

and health care agencies by making substance use disorder treatment services available to parents when an infant is determined to 

be at imminent risk of entering foster care. Under the prevention 

services provided by this bill, states will be able to receive a federal 

reimbursement for substance abuse services for parents and infants 

when such children are deemed to be at imminent risk of entering 

foster care. 

Foster youth are at heightened risk of teenage pregnancy and 

childbearing. The Midwest Evaluation of the Adult Functioning of 

Former Foster Youth found that half (48%) of the young women 

aging out of foster care have been pregnant by age 19 compared to 

only 27% of teen girls in the general population, and that young 

women aging out of foster care are more likely than their peers in 

the general population to have more than one pregnancy by age 

19.13 Another recent study revealed that, among girls in foster care 

in California at age 17, more than 1 in 4 had given birth at least 

once during their teens, and, of these women who had given birth 

before age 18, more than one-third had had a second teen birth.14

The Committee provided specific eligibility for prevention services for pregnant or parenting foster youth because these youth are 

at particularly high risk of bad outcomes affecting them and their 

children. It is also the Committee’s expectation that many of the 

evidence-based interventions targeting this vulnerable group will 

involve expectant fathers. 

The Committee acknowledges that the administrative framework 

of child welfare systems varies across states. While the majority of 

states are considered state administered, a significant number are 

county administered while a select few operate hybrid systems. 

Such frameworks can pose challenges when states are required 

under titles IV–B and IV–E to submit statewide plans, while service design and delivery may not be centralized at the state level. 

With respect to the new availability of title IV–E funding for foster 

care prevention services, the Committee strongly encourages each 

state to ensure that children in all counties and regions of the state 

have access to title IV–E services that will prevent entries into foster care. However, it is the intent of the Committee to permit services to be made available under county or hybrid administered systems and these services need not be made available uniformly 

statewide as a requisite for federal funding. While new state plan 

requirements under Sec. 471 state that these new prevention services can be made available at the option of the state, the state may 


SSpencer on DSK4SPTVN1PROD with REPORTS
39 

allow distinct political subdivisions (such as counties) to opt to provide substance abuse, mental health, and in-home parenting programs tailored to the respective subdivisions’ needs and capacities. 

Effective date 

The provision is effective on October 1, 2016. Title IV–E funding 

for prevention services would be available beginning with the first 

day of FY2020 (October 1, 2019). 

SECTION 112: FOSTER CARE MAINTENANCE PAYMENTS FOR CHILDREN

WITH PARENTS IN A LICENSED RESIDENTIAL FAMILY-BASED TREATMENT FACILITY FOR SUBSTANCE ABUSE

Present law 

A child may only be eligible for title IV–E foster care maintenance payments if the child has been removed from the home of 

his/her parent or other related caretaker (via court determination 

that the home of the child is ‘‘contrary to the welfare’’ of the child 

or via a voluntary placement agreement), the child meets low income criteria (based on income of home the child was removed 

from) and the child is placed in a licensed foster family home or 

child care institution. There is no limit on the length of time a 

child may be eligible for title IV–E foster care maintenance payments [Sec. 472(a)(1)(B), (2)(C), and (3) of the Social Security Act]. 

Each child in foster care must have a case plan specifying, 

among other things, the appropriateness of where the child is 

placed (lives) while in foster care [Sec. 475(1) of the Social Security 

Act]. 

Children who receive title IV–E foster care maintenance payments are deemed low-income for purposes of determining Medicaid eligibility [Sec. 473(b)(3)(B) of the Social Security Act]. 

Explanation of provision 

This section would permit title IV–E foster care maintenance 

payment support, for up to 12 months, for a child in foster care 

who is placed with a parent in a licensed residential family-based 

treatment facility. To be eligible for these title IV–E payments, the 

child’s placement with a parent in the treatment facility must be 

recommended in the child’s case plan and the facility must incorporate trauma-informed parent education, parenting skills training, 

and counseling as part of its substance abuse treatment. No income 

test would apply for receipt of these time-limited title IV–E foster 

care maintenance payments and a child’s receipt of these title IV– 

E foster care maintenance payment would not make a child eligible 

for Medicaid (under the title IV–E eligibility pathway), unless he 

or she meets low-income requirements applicable to all other children eligible for title IV–E foster care maintenance payments. 

Reason for change 

These programs have been found to be highly effective in supporting parent-child bonding and reducing substance abuse relapses, but are often underutilized. This provision ensures that 

there is no financial penalty to states if family substance abuse 

treatment is deemed the most effective option. 


SSpencer on DSK4SPTVN1PROD with REPORTS
40 

15 Ellis, Renee R. and Tavia Simmons, ‘‘Coresident Grandparents and Their Grandchildren: 

2012,’’ Current Population Reports, P20–576, U.S. Census Bureau, Washington, DC. 2014. 

Effective date 

The provision is effective on October 1, 2016. 

SECTION 113: IV–E PAYMENTS FOR EVIDENCE-BASED KINSHIP

NAVIGATOR PROGRAMS

Present law 

Describes kinship navigator programs as supported under the 

now expired Family Connections grants [Sec. 427(a)(1) of the Social 

Security Act]. 

Explanation of provision 

States would be permitted to claim 50% federal reimbursement 

of the cost of providing kinship navigator programs provided the 

HHS Secretary determines the programs are operated in accordance with promising, supported, or well-supported practices (as described in law with regard to foster care prevention activities) and 

that the programs: (1) establish information and referral links for 

kinship caregivers to other kin caregivers and support groups, eligibility and enrollment information for public benefits, and relevant 

training and relevant legal services; (2) are planned and operated 

in consultation with kin caregivers, youth raised by kin, organizations representing kin caregivers and relevant public and private 

agencies; (3) provide outreach to families providing kinship care; 

and (4) promote public and private partnerships to increase knowledge of the needs and kinship families, as well as families fostering 

parenting teens in foster care, to improve services for these families. 

A state could claim this federal support for kinship navigator 

programs provided on behalf of any child (i.e., without regard to 

title IV–E foster care maintenance payment eligibility or ‘‘potential’’ eligibility). 

Reasons for change 

In general, children cared for by relatives experience increased 

stability, higher levels of permanency, greater safety, better behavioral and mental health outcomes, and are more likely to stay connected with siblings and communities. Kinship navigator programs 

support these kin caregivers by helping them access resources and 

supports like health care, housing, and income support that are 

necessary to meet the needs of the children they are raising and 

to meet their own needs as caregivers. 

Given the estimates of the number of kinship families and the 

continued growth of kinship care driven by parental drug and alcohol abuse, there is great need for such supports. According to Census data, there are an estimated 2.7 million grandparent-headed 

households where grandparents are primary caregivers for their 

grandchildren (an estimated 65% of all kinship care is grandparents) with less than 120,000 in more formal kinship foster 

care.15


SSpencer on DSK4SPTVN1PROD with REPORTS
41 

Effective date 

The provision is effective on October 1, 2016. 

SUBTITLE B—ENHANCED SUPPORT UNDER TITLE IV–B

SECTION 121: ELIMINATION OF TIME LIMIT FOR FAMILY REUNIFICATION

SERVICES WHILE IN FOSTER CARE AND PERMITTING TIME-LIMITED

FAMILY REUNIFICATION SERVICES WHEN A CHILD RETURNS HOME

FROM FOSTER CARE

Present law 

Under the Promoting Safe and Stable Families (PSSF) program, 

states receive funding that must be used to support four categories 

of services: (1) family support; (2) family preservation; (3) time-limited family reunification; and (4) adoption promotion and support 

services. Time-limited family reunification services are defined in 

the PSSF program as specific services provided to a child who has 

entered foster care within the last 15 months, and to the parent(s)/ 

primary caregiver of such a child, to enable safe and timely family 

reunification [Sec. 431(7) and Sec. 432(a)(4) of the Social Security 

Act]. 

Explanation of provision 

This section would rename ‘‘time-limited family reunification’’ 

services provided under the PSSF program as ‘‘family reunification 

services.’’ It would permit PSSF funding for family reunification 

services to be provided to a child in foster care (and to his or her 

parent(s)/ primary caregiver), regardless of the amount of time the 

child has been in foster care. It would also define these services to 

include those provided after a child and his/her parent(s) have been 

reunited, but only during the 15-month period that begins on the 

date the child returns home. 

Reason for change 

The Committee believes the time limit on these services has prevented some states from using their capped PSSF funds to support 

reunification that will result in good outcomes for children and 

families. The Committee believes that by removing this time limit 

it will not delay timelines for reunification. 

Effective date 

The provision is effective on October 1, 2016. 

SECTION 122: REDUCING BUREAUCRACY AND UNNECESSARY DELAYS

WHEN PLACING CHILDREN IN HOMES ACROSS STATE LINES

Present law 

States operating a title IV–E program (including the 50 states, 

the District of Columbia and Puerto Rico and any tribe operating 

such a title IV–E program) are required to have procedures to enable timely placement of children across state lines [Sec. 471(a)(25) 

of the Social Security Act]. 

Section 437 of the Social Security Act authorizes discretionary 

funding for the title IV–B Promoting Safe and Stable Families 

(PSSF) and describes required reservation of a part of those funds 

for particular grants or activities. For purposes of the PSSF proVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00041 Fmt 6659 Sfmt 6602 E:\HR\OC\HR628.XXX HR628

SSpencer on DSK4SPTVN1PROD with REPORTS
42 

gram, the term ‘‘state’’ means each of the 50 states and the District 

of Columbia, any of the 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) [Sec. 431(a)(4) of the 

Social Security Act]. 

A state (including the 50 states District of Columbia, and Puerto 

Rico) and any tribe that operates a title IV–E program, is required 

to conduct fingerprint-based criminal records checks, using Federal 

Bureau of Investigation (FBI) databases, on all prospective foster 

or adoptive parents and certain relative guardians. They must also 

conduct checks of state child abuse registries for these individuals 

and any adults in the households of those individuals (including 

checks of any state registry where any of the individuals lived in 

the last five years) [Sec. 471(a)(20) of the Social Security Act]. 

Additionally, no later than September 29, 2017 any state (including the District of Columbia and Puerto Rico) 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 children or youth identified as sex trafficking 

victims; and missing or abducted children. Additionally, as of September 29, 2017, these same title IV–E agencies must immediately 

report information they receive on missing and abducted children 

to the National Center for Missing and Exploited Children [Sec. 

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

Explanation of provision 

No later than October 1, 2026, this provision would require a 

state, territory, or tribe operating a title IV–E program, to include 

use of an electronic interstate case processing system as part of its 

procedures for timely placement of children across state lines. 

Additionally, this section would require HHS to reserve a total 

of $5 million in any FY2017 discretionary funding provided for the 

PSSF program. The funding, which would remain available for five 

years (FY2017–FY2021) would allow HHS to make grants to states, 

tribes, and territories that successfully apply. The funds would 

need to be used to help grantees connect with an interstate electronic case-processing system and to enable them to achieve safe 

and appropriate interstate placements for children in less time and 

at less cost. This provision would require HHS to report to Congress (within one year of last grant awarded for this purpose) on 

the progress made by states in achieving those purposes. 

HHS, in consultation with states and the Secretariat for the 

Interstate Compact on the Placement of Children, must assess how 

the electronic interstate case-processing system may be used to improve a title IV–E agency’s ability to quickly comply with required 

background checks for prospective foster and adoptive parents and 

guardians, including completing checks of child abuse and neglect 

registries. It would also help states connect with federal and state 

law enforcement agencies and judicial agencies to better protect 

missing or trafficked children and to simplify title IV–E-agency reporting to federal agencies of missing and trafficked children that 

come to its attention (required as of September 29, 2016). 


SSpencer on DSK4SPTVN1PROD with REPORTS
43 

16Supporting 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. 

Reason for change 

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, 

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, and 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%. 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%. • 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.16

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, this section requires states to connect to this electronic caseprocessing system to reduce the amount of time children wait to be 

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


SSpencer on DSK4SPTVN1PROD with REPORTS
44 

they are going to a home in another state. This section 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. 

Effective date 

The provision is effective on October 1, 2016. 

SECTION 123: ENHANCEMENTS TO GRANTS TO IMPROVE WELL-BEING OF

FAMILIES AFFECTED BY SUBSTANCE ABUSE

Present law 

This section authorizes ‘‘Targeted Grants to Increase the WellBeing of, and to Improve the Permanency Outcomes for, Children 

Affected by Substance Abuse.’’ In each of FY2012–FY2016, HHS 

was required to award grants to public and/or private agencies that 

establish collaborative partnerships for services and supports designed to improve outcomes for children in, or at risk of, placement 

in foster care because of parental substance abuse [Sec. 437(f) and 

(f)(3)(A) of the Social Security Act]. 

This section defines ‘‘regional partnership’’ as a collaborative 

agreement, established on an intrastate or interstate basis, between two or more public or private entities and individuals, including—child welfare agencies and providers, substance abuse 

prevention and treatment agencies and providers, community 

health and mental health services providers, courts, judges, law enforcement agencies, and school personnel. 

This section stipulates that the state child welfare agency must 

be a partner in every regional partnership formed, unless the partnership includes an Indian tribe or tribal consortium (in which case 

participation of state child welfare agency is optional). It also stipulates that a regional partnership may not consist solely of the state 

child welfare agency and the state agency that administers the 

substance abuse prevention and treatment services block grant 

[Sec. 437(f)(2) of the Social Security Act]. 

Out of funds reserved for these grants in each of FY2012– 

FY2016, HHS is required to make grants to regional partnerships. 

No annual amount awarded to a regional partnership may be less 

than $500,000 nor more than $1,000,000 [Sec. 437(f)(2) of the Social Security Act]. Grants to regional partnership must be awarded 

for an expected period of no less than two years and no more than 

five years. However, a grantee may request a two-year extension 

of the initial grant period, which would provide payments for a 

maximum of 7 years. Additionally, a regional partnership may seek 

more than one grant [Sec. 436(f)(3) of the Social Security Act]. 

To be eligible for a grant, a regional partnership must submit a 

written application to HHS that meets specific applications requirements [Sec. 437(f)(4) of the Social Security Act]. In awarding the 

grants on a competitive basis, HHS must take into consideration 

certain factors [Sec. 437(f)(7) of the Social Security Act]. 

Regional Partnership Grant (RPG) funds may be used for familybased comprehensive long-term substance abuse treatment services, early intervention and prevention services, child and family 

counseling, mental health services, parenting skills training, repVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00044 Fmt 6659 Sfmt 6602 E:\HR\OC\HR628.XXX HR628

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lication of successful models for providing family-based comprehensive long-term substance abuse treatment services [Sec. 437(f)(5) of 

the Social Security Act]. 

This section required the HHS Secretary to establish indicators 

to assess the performance of regional partnerships. In establishing 

the indicators, the HHS Secretary was required to consult the Assistant Secretary for the Administration for Children and Families 

and the Administrator of the Substance Abuse and Mental Health 

Services Administration, as well as with certain state and tribal 

representatives [Sec. 437(f)(8) of the Social Security Act]. Regional 

partnership grantees must submit annual reports to the HHS Secretary regarding the services provided and activities carried out 

with the grant funds [Sec. 437(f)(9) of the Social Security Act]. 

In each of FY012–FY2016, the HHS Secretary was permitted to 

use no more than 5% of funds reserved or made available for the 

RPGs for expenses related to administering the grants, including 

salaries. 

Explanation of provision 

This section would require HHS to continue to award these competitive RPG funds for five years (FY2017–FY2021). The section 

heading would be changed to ‘‘Targeted Grants to Implement IV– 

E Prevention Services, Improve the Well-Being of, and Improve 

Permanency Outcomes for, Children and Families Affected by Heroin, Opioids and Other Substance Abuse’’ to suggest use of RPGs 

to address needs of children and families affected by heroin and 

opioid substance use disorders, to help implement effective title IV– 

E prevention services, and to focus on improved outcomes for families, including children and their parents. 

This section would stipulate that partnerships may be established on a statewide basis and it would remove the prohibition on 

state-agency only partnerships. This section would maintain all 

current law entities or individuals listed as optional partners. 

It would also require that in addition to the state child welfare 

agency, every funded partnership must include the state agency 

that administers the federal substance abuse prevention and treatment block grant. Further, if the partnership intends to serve children placed in out-of-home care, the court (or administrative office 

of the court) that handles child abuse and neglect proceedings in 

the region must also be a partner. Partnerships led by a tribe or 

tribal entity may include tribal court entities in place of other judicial representatives in the collaboration and, as with current law, 

would be permitted, but not required, to include the state child 

welfare agency. 

Grants would continue to be made for no more than five years 

(with the possibility of a two-year extension for a total of seven 

years). However, this section would stipulate that grant funding 

must be dispersed in two phases: planning (no more than two years 

total) and implementation. Further, it would provide that an annual award of federal RPG funds to a grantee may not be more 

than $1,000,000 nor less than $250,000 (except that a grantee 

could not receive more than $250,000 across its total planning 

phase). Additionally, in any fiscal year, a grantee could not be 

awarded funding until HHS determined that the sufficient progress 


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17 Young, N., Boles, S., & Otero, C. (2007). Parental substance use disorders and child maltreatment: Overlap, gaps, and opportunities. Child Maltreatment, 12, 137–149. doi: 10.1177/ 

1077559507300322. 

was being made toward meeting project goals and members of the 

partnership were coordinating to a ‘‘reasonable degree.’’ 

This section would revise RPG application requirements to ensure that the regional partnerships intend to focus on improving 

the well-being of families as a whole (children and parents) and to 

facilitate implementation of evidence-based prevention services 

under title IV–E. Applicants would also be required to describe how 

they intend to sustain the work of the partnership after the end of 

RPG funding, including through use of title IV–E prevention services. Further it would permit HHS to require applicants to provide 

other information, as needed, to determine that activities are 

planned and implemented consistent with evidence-based practices. 

The section would instruct HHS when making these competitive 

awards to consider if the applicant partnership has a track record 

of successful collaboration among child welfare, substance abuse 

disorder treatment and mental health agencies. 

This section would also maintain the ability of RPGs to use funds 

for each of these services or activities, including for long-term substance use disorder treatment and would stipulate that this may 

include medication-assisted treatment and in-home treatment and 

recovery. 

After reviewing current performance indicators and lessons 

learned from prior rounds of RPG awards and after consulting with 

ACF, SAMHSA and stakeholders, the HHS Secretary would be required to establish a set of core performance indicators (related to 

child safety, parental recovery and parenting capacity, and family 

well-being) to assess grantee performance. 

Additionally, regional partnership grantees would be required to 

provide semi-annual reports to HHS that include information on 

the services and activities carried out with the funding, including 

the number of children, adults, and families served, progress made 

toward meeting program goals, and other information as determined necessary by HHS, including data on performance indicators 

included in a grantee’s evaluation. 

Finally, this section would continue this limitation on use of 

grant funds for administrative expenses (no more than 5%) for each 

of FY2017–FY2021. 

Reason for change 

Research and practical experience have long demonstrated the 

prevalence of parental substance use disorders among families in 

the child welfare system. Historically, a lack of coordination and 

collaboration has hindered the ability of child welfare, substance 

use disorder treatment, and family/dependency court systems to 

fully support these families. As families involved with child welfare 

have complex needs, improving outcomes for parents and children 

requires a coordinated effort among systems. 

Past studies have shown that between 60 and 80% of substantiated child abuse and neglect cases involve substance use by a custodial parent or guardian.17 A recent summary of research shows 

great variation in estimates of substantiated child abuse and neglect cases involving substance use by a custodial parent or guardVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00046 Fmt 6659 Sfmt 6602 E:\HR\OC\HR628.XXX HR628

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18Seay, K. (2015). How many families in child welfare services are affected by parental substance use disorders? A common question that remains unanswered. Child Welfare, 94, 19–51. 19Wulczyn, F., Ernst, M., & Fisher, P. (2011). Who are the children in out-of-home care? An 

epidemiological and developmental snapshot. Chicago: Chapin Hall at the University of Chicago. 

Retrieved from http://www.chapinhall.org/sites/default/files/publications/ 

06_08_11_Issue%20Brief_F_1.pdf. 20Kaplan, C., Schene, P., De Panfilis, D., & Gilmore, D. (2009). Shining light on chronic neglect. Protecting Children, 24, 1–7. 21Gregoire, K.A., & Schultz, D.J. (2001). Substance-abusing and child welfare parents: Treatment and child placement outcomes. Child Welfare, 80, 433–452. 22 Brook, J., & McDonald, T. (2010). The impact of parental substance abuse on the stability 

of family reunifications from foster care. Child and Youth Services Review, 31, 193–198. doi: 

10.1016/j.childyouth.2008.07.010. 

ian, with some regional prevalence estimates being higher than national estimates.18 Sixty-one percent of infants and 41% of older 

children involved in the child welfare system have at least one parent who is using drugs or alcohol.19 These parents are often unable 

to provide a stable, nurturing home environment, they have a low 

likelihood of successful reunification with their children, and their 

children tend to stay longer in the foster care system than the children of parents without substance use disorders.20 21 22

The Committee believes that these realities make it imperative 

that child welfare service agencies, substance use disorder treatment providers, courts, and community partners work together to 

address the needs of parents to prevent placement, reunify with 

their children, or potentially play another supportive role in their 

child’s life. Identifying and addressing the needs of the children is 

equally important and requires strong partnerships with public 

and community-based service providers. For these reasons, the 

Committee is taking key steps to ensure states have permanent, 

dedicated funding under title IV–E of the Social Security Act for 

services to keep children safely with families, including substance 

abuse treatment. The reauthorization of the Regional Partnership 

Grants included in this bill is meant to help states and tribes plan 

for the new option to use title IV–E to fund evidence-based prevention services including substance abuse treatment. 

Past phases of RPGs can be used to improve the grant-making 

process in the future, including lessons on the value of providing 

technical assistance to the grantees, conducting an annual in-person training meeting and annual grantee meeting designed to 

share information and advance practice among grantees. The Administration for Children and Families (ACF) should prioritize 

state-level grants. Of particular importance is the need for ACF to 

make grants using two phases a planning phase and an implementation phase and it is the Committee’s intent that ACF distribute 

grants in such a manner to ensure grantees are making sufficient 

progress in regard to building their partnership, providing services 

to families, and improving safety, permanency well-being, and recovery outcomes. With respect to the planning phase of the grant, 

ACF should solicit and take into consideration information on what 

the grantee’s plans are related to: • Establishing standardized screening protocols, or other 

methods to identify families in need of substance use disorder 

prevention and treatment services including infants identified 

with prenatal substance exposure; • Ensuring early access to assessment and treatment services such as securing expert consultation on cases involving 

substance use disorders, conducting outreach and methods to 


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engage and retain parents in treatment, and providing priority 

access to assessment and treatment of families in the child 

welfare system; • Increasing management and treatment of recovery services 

and monitoring compliance such as co-location of services, specialized recovery case management services, and ensuring comprehensive treatment programs tailored to individual parent 

and child needs; • Ensuring access to family centered services, including effective evidence-based parenting programs focused on enhancing the parent and child relationship and the prevention needs 

of children; • Ensuring appropriate judicial oversight including providing more frequent judicial or administrative reviews of 

treatment progress and compliance with case plans regarding 

participation in substance use disorder treatment; • Having a system for appropriate response to behavior of 

participants, such as evidence-based contingency management 

approaches using appropriate incentives and sanctions; • Improving collaboration between courts and child welfare 

and substance use disorder treatment agencies providing services to families with substance use disorders; • Identifying infants with prenatal substance exposure, a description of any special efforts to identify and assess the extent 

of the problem and any joint activities between two or more 

members of the eligible partnership that focus specifically on 

the needs of such infants, such as efforts to monitor and reduce 

infant fatalities among families affected by parental substance 

use disorders; and • Sustaining the services provided by or activities funded 

under the grant after the conclusion of the grant period, including through the use of other funds provided to the state for 

child welfare and substance abuse prevention and treatment 

services. 

With respect to the implementation phase of the grant, ACF 

should solicit a description of the grantee plans to use any funds 

to address comprehensively and in a timely manner the needs of 

families with substance use disorders by building collaborative approaches including: 

• Cross training of staff, data collection and information 

sharing such as arrangements for addressing confidentiality of 

records; 

• Identification of funding barriers and sustainability plans 

for services and activities after the conclusion of the grant period; 

• In the case of a partnership grant in which the state agency is the lead, expanding the number of jurisdictions in the 

state where the activities under the plan will be implemented, 

the plans for expanding the percentage of families in need who 

receive these services during the implementation phase of the 

grant, and the methods to measure progress toward these 

goals; and 

• Measuring the performance of the state agencies in implementing the plan in accordance with performance and evaluation requirements established by the Secretary. 


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With respect to performance indicators, the Secretary should review the established performance indicators and knowledge gained 

from other grant programs to establish a set of core indicators, 

which may include the following: 

• Safety, including whether children remain at home and 

any re-occurrence of child maltreatment; 

• Permanency, including the average length of stay in foster 

care, re-entries to out-of-home placement, timeliness of reunification, and timeliness of permanency; 

• Recovery, including access to treatment, retention in and 

completion of substance use disorder treatment, substance use; 

and 

• Child, adult, and family well-being, including parenting capacity, family relationships and functioning. 

When assessing the performance of grant recipients the Committee believes the Secretary should consider: 

• Using each of the core indicators outlined above and any 

other performance indicators the Secretary considers appropriate; 

• Whenever possible, using existing data systems; 

• Using appropriate comparison groups to analyze outcomes; 

and 

• Assisting grantees in establishing and analyzing performance indicators to ensure local capacity to change practice and 

policy based on outcomes achieved. 

Effective date 

The provision is effective on October 1, 2016. 

SUBTITLE C—MISCELLANEOUS

SECTION 131: REVIEWING AND IMPROVING LICENSING STANDARDS FOR

PLACEMENT IN A RELATIVE FOSTER FAMILY

Present law 

States are required to set and maintain licensing standards for 

foster family homes and child care institutions. They are generally 

free to set these standards as they choose so far as the standards 

are ‘‘reasonably in accord’’ with standards recommended by relevant national organizations with regard to admission policies, 

safety, sanitation, and protection of civil rights, and provided they 

permit the use of the ‘‘reasonable and prudent parenting standard,’’ 

defined in federal law [Sec. 471(a)(10) of the Social Security Act]. 

States must generally apply the same licensing standard to any 

foster family receiving child welfare support, although, on a caseby-case basis, they may choose to waive ‘‘non-safety’’ standards 

(e.g. size of bedroom) for a child placed in a relative foster family 

home [Sec. 471(a)(10)(D) of the Social Security Act]. 

Explanation of provision 

This section would require HHS to identify reputable model 

standards for licensing foster family homes not later than October 

1, 2017. No later than April 1, 2018 each state would be required 

to submit information to HHS on whether its own licensing standards are fully consistent with the model standards identified by 


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HHS, and, if not, why this inconsistency is appropriate for the 

state. 

No later than April 1, 2018, each state would also be required 

to submit information to HHS on whether it uses this authority to 

waive non-safety standards for relative foster family caregivers. If 

a state does not use this authority, it would be required to give the 

reasons why this is the case. If the state does use this waiver authority, it would need to indicate which standards are most often 

waived and whether the state has developed a process or has provided tools to assist caseworkers in using this waiver authority. It 

would further need to describe how caseworkers are trained in 

using this waiver authority, including any steps taken to improve 

the training on the waiver process. 

Reason for change 

Under current law, states can waive non-safety licensing standards when placing children with relatives. However, states do not 

appear to be taking full advantage of this provision in the law. The 

Committee understands caseworkers may not be appropriately 

trained regarding their ability to waive certain standards when licensing relatives, and that this has resulted in delays in placing 

children in these families. This provision would ensure states take 

proactive steps to speed the process of licensing relatives, that they 

follow model standards for these placements (or explain why they 

deviate from these standards), and that they provide appropriate 

tools to caseworkers to simplify the process so more children can 

live safely with family members when they cannot stay in their 

own home. 

Effective date 

The provision is effective upon enactment. 

SECTION 132: DEVELOPMENT OF A STATEWIDE PLAN TO PREVENT

CHILD ABUSE AND NEGLECT FATALITIES

Present law 

Beginning in 2012, and as part of meeting the requirements to 

receive federal funding under the title IV–B Child Welfare Services 

(CWS) program, state child welfare agencies were required to describe for HHS the sources of information they used to compile 

data on child maltreatment deaths. Further, if the compilation did 

not include information on child maltreatment deaths from the 

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

state child welfare agency was required to describe why this information was not included and how the state would include it [Sec. 

422(b)(19) of the Social Security Act]. 

Explanation of provision 

This section would rewrite this CWS state plan requirement to 

require the state child welfare agency to document the steps it 

takes to track and prevent child maltreatment deaths, by describing: (1) how it compiles complete and accurate information on child 

maltreatment deaths by gathering information from relevant organizations in the state (including state vital statistics department, 


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child death review teams, law enforcement agencies, or offices of 

medical examiners or coroners); and (2) how it has developed and 

implemented a comprehensive, statewide plan to prevent child maltreatment fatalities, that involves and engages public health and 

law enforcement agencies, the courts, and other relevant public and 

private agency partners in the state. 

Reason for change 

Under Public Law 112–275, the ‘‘Protect Our Kids Act of 2012’’, 

Congress established a Commission to End Child Abuse and Neglect Fatalities. Earlier this year, the Commission published its 

recommendations. Section 132 of this bill was added in response to 

Recommendation 5.2 of the report, which suggested Congress legislate a state plan requirement under title IV–B related to abuse and 

neglect fatalities. Specifically, recommendation 5.2a states that: 

Through legislation, Congress should require states to develop and implement a coordinated, integrated, and comprehensive state plan to prevent child maltreatment fatalities. 

The state fatality prevention plan should specify how the state 

is targeting resources to reach children at highest risk for fatalities, as identified by the state’s data mining effort (as described in Chapter 2). 

Legislation should specify certain safety benchmarks, and all 

state plans should address common risk factors for child abuse 

and neglect fatalities, but legislation should allow states local 

flexibility in designing their plans to best meet the unique 

needs of their population and build on resources already in 

place. States should be directed to utilize evidence-based strategies and be responsible for evaluating their effectiveness. The 

federal government could provide targeted funds to spur innovation and to help states test and evaluate their strategies. 

State child fatality prevention plans should take a comprehensive, early intervention approach, with CPS being one of multiple key partners. Core components of state plans should include the following: 

1. Data. The plan’s action strategy must be driven by 

data (including state needs assessments and cross-system 

data sharing). Data tracking must include the following: 

a. Use of three or more data sources in tracking fatalities and life-threatening injuries 

b. Identification of the ZIP codes and/or census 

tracks with high rates of child abuse and neglect fatalities and life-threatening injuries 

2. Partners. The state must have a plan to engage public-private partners, community organizations, faith-based 

communities, and families. For example, if parental substance use is identified as a significant risk factor for fatality, the plan should reflect coordination and shared accountability between CPS and the state’s substance abuse 

services. 

3. Clear interagency roles and responsibilities. The plan 

should reflect clear and effective programmatic coordination to address risk factors identified through data mining. 

The plan also may include requests for flexibility in relVerDate Sep 11 2014 02:08 Jun 24, 2016 Jkt 059006 PO 00000 Frm 00051 Fmt 6659 Sfmt 6602 E:\HR\OC\HR628.XXX HR628

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evant funding streams to better address documented 

needs. 

4. Recommendations from fatality reviews and lifethreatening injury reviews. Reviews of child maltreatment 

fatalities and life-threatening injuries will be the basis for 

recommendations and for establishing cross-system priorities for correcting problems identified and achieving 

progress toward these priorities. 

State public health agencies (including title V programs) 

should be required through their federal authorizing legislation 

to assist state child welfare agencies in identifying children 

most at risk of maltreatment and contribute to the development of the plan for addressing their needs. This plan should 

be shared with the state court and included in training programs for state court improvement directors using funds already provided under the Court Improvement Program. Congress should direct HHS to provide technical assistance to 

states in identifying children at greatest risk for child abuse 

and neglect fatalities and provide training resources. 

While this legislation would only require states to include a description of the steps it is taking to develop and implement a comprehensive, statewide plan to prevent child fatalities that involves 

and engages relevant public and private agency partners, it is the 

intent of the Committee that states look to the recommendations 

of the Commission to End Child Abuse and Neglect Fatalities in 

carrying out this new state plan requirement. 

Effective date 

The provision is effective on October 1, 2016. 

SECTION 133: MODERNIZING THE TITLE AND PURPOSE OF TITLE IV–E

Present law 

Title IV–E is formally headed in the statute as ‘‘Federal Payments for Foster Care and Adoption Assistance’’ and the purposes 

of the program funding are described as for foster care maintenance payments and adoption assistance for children with special 

needs (described as available as of October 1, 1980), and for independent living services for youth expected to age out of care or 

those who have aged out of care. Since October 2008, states and 

tribes that opt to do so may also use title IV–E funds to provide 

kinship guardianship assistance to eligible children. 

Explanation of provision 

This section would change the formal heading of title IV–E to 

‘‘Federal Payments for Foster Care, Prevention, and Permanency,’’ 

to reflect the authorization of title IV–E prevention services and 

programs, included in this bill, as well as the multiple forms of permanency support currently available under title IV–E (i.e., adoption assistance and kinship guardianship assistance). 

Consistent with these changes, this section would amend the 

purposes of the funding authority to include the currently authorized kinship guardianship assistance and to add the foster care 

prevention services, programs and assistance that would be authorVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00052 Fmt 6659 Sfmt 6602 E:\HR\OC\HR628.XXX HR628

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ized in this bill. This provision would strike the reference to October 1, 1980. 

Reason for change 

This change to the title is needed to reflect the updated purpose 

of title IV–E of the Social Security Act, which is to not only support 

foster care and adoption, but also to prevent the need to place children in foster care, as well as ensure children find permanent 

homes. 

Effective date 

The provision is effective upon enactment. 

SECTION 134: EFFECTIVE DATES

Present law 

No provision. 

Explanation of provision 

Most provisions in this title would generally be effective on October 1, 2016 (FY2017), including the provisions related to title IV– 

E support for evidence-based kinship navigator programs; title IV– 

E foster care maintenance payments for children placed with a parent(s) in a licensed residential family-based treatment center; the 

change in definition and name of the title IV–B PSSF service category now known as ‘‘time-limited family reunification services;’’ 

authorization of grants related to the electronic interstate caseprocessing system; revisions to the Regional Partnership Grants; 

and development of a statewide plan to prevent child abuse and neglect. 

Although the provisions related to title IV–E prevention services 

and programs would also be enacted into law as of October 1, 2016, 

the bill stipulates that no title IV–E funding for those services or 

programs would be available before October 1, 2019 (FY2020). 

Similarly, while the requirement for states to include use of an 

electronic interstate case-processing system in their timely interstate placement procedures would be included in the law as of October 1, 2016, the bill would stipulate that this requirement does 

not need to be met until October 1, 2026 (FY2027). 

Further, the conforming changes to the title IV–E purpose and 

heading are effective on date of the bill’s enactment, as are the 

amendments related to national model licensing standards for foster family homes. However, the provision related to licensing 

standards stipulate later required (i.e., HHS to identify reputable 

model licensing standards no later than October 1, 2017 and states 

to respond as of April 1, 2018). 

Finally, if the HHS Secretary determines that a state must enact 

legislation (other than appropriations) to come into compliance 

with any new title IV–B or title IV–E requirement in this title, 

then the state would not need to meet the requirement until the 

first day of the first calendar quarter that occurs after the close of 

the first state legislative session that begins after date of enactment of the Family First Prevention Services Act of 2016. Further, 

if the HHS Secretary determines that a tribe requires time to take 

actions necessary to comply with any of the new title IV–E or title 


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IV–B requirements, the Secretary must provide the tribe with the 

additional time needed (amount determined by HHS) to meet these 

requirements. 

Reason for change 

This section sets the effective date of the provisions in title I, as 

well provides states and tribes with the time necessary to make 

conforming changes to their laws as a result of this title. 

Effective date 

The provision is effective upon enactment. 

Title II—Ensuring the Necessity of a Placement that is Not in a 

Foster Family Home 

SECTION 201: LIMITATION ON FEDERAL FINANCIAL PARTICIPATION FOR

PLACEMENTS THAT ARE NOT IN FOSTER FAMILY HOMES

Present law 

A child may be eligible for title IV–E foster care maintenance 

payments if the child is placed in a foster family home or a childcare institution [Sec. 472(a)(2)(C) of the Social Security Act]. 

For purposes of the title IV–E foster care program, a foster family home is defined as a home for children that meets the licensing 

or approval standards for such homes established by the state (or 

tribe) where it is located [Sec. 472(c) of the Social Security Act]. 

A child care institution is defined, generally, as an institution 

that provides foster care and meets the licensing or approval standards for such institutions established by the state (or tribe where 

it is located). However, if a child in foster care is at least 18 years 

of age, he or she may be placed in a supervised independent living 

setting that meets standards established by the HHS Secretary 

(and does not have to meet state licensing rules). Additionally, a 

child care institution may be a private or public institution, but if 

it is a public institution, it may not house more than 25 children. 

Finally, the term child care institution must never include detention facilities, forestry camps, training schools, or any facility operated primarily for the detention of children determined to be delinquent [Sec. 472(c) of the Social Security Act]. 

The highest court in each state operating a title IV–E program 

may apply for Court Improvement Program (CIP) funding to improve how courts in the state handle child abuse and neglect cases, 

including carrying out responsibilities under state laws that implement title IV–E program requirements [Sec. 438 of the Social Security Act]. In order to be eligible for title IV–E foster care support, 

the placement setting for a child in foster care must be determined 

by the state child welfare agency. [Sec. 472(a)(2)(B) of the Social 

Security Act]. A court may disapprove a placement and may recommend a setting, but the placement determination must be made 

by the title IV–E agency [45 CFR 1356.21 (g)(3)]. 

Explanation of provision 

Under this section, title IV–E foster care maintenance payment 

support would not be available for more than two weeks for an otherwise eligible child who is placed in a setting that is not a foster 

family home, unless the placement setting is a— 


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• ‘‘Qualified residential treatment program’’ (provided additional requirements are met); • Setting specializing in providing prenatal, postpartum, or 

parenting supports for youth; • Supervised independent living setting (provided the child 

was at least 18 years of age); or • Licensed residential family-based treatment center (provided the child was placed with the parent and had not been 

in this setting for more than 12 months). 

For an otherwise title IV–E eligible child placed in a qualified 

residential treatment center, title IV–E foster care maintenance 

payment support would not be available unless within 30 days of 

that placement a trained professional or licensed clinician (who is 

a ‘‘qualified individual’’) has assessed the child’s strengths and 

needs and determined the appropriateness of the placement. 

Title IV–E foster care maintenance payments would remain 

available to an otherwise eligible child for the time it takes to transition a child from a qualified residential treatment program to a 

different placement, of for 30 days, whichever is shorter. This includes placement setting transitions that must occur if an assessment finds that the program is not an appropriate placement for 

the child, or a court disapproves of the placement, or the child is 

found ready to move to a family setting (including biological, relative/kin, adoptive, or foster). 

Under this section, a ‘‘qualified residential treatment program’’ 

means a program that meets all the following requirements: • Has a trauma-informed treatment model designed to appropriately address the clinical or other needs of children with 

serious emotional or behavioral disorders or disturbances and 

is able to implement the specific treatment identified as necessary for a child placed in the program. • Has registered or licensed nursing and other licensed clinical staff onsite during business hours, available 24/7, and who 

provide care within the scope of their practice (as defined by 

state law). 

• Facilitates outreach to the child’s family members and 

their participation in the child’s treatment program to the extent appropriate and in the child’s best interest, documents 

how this is done (and how sibling connections are maintained), 

and maintains contact information for biological family and fictive kin of the child; 

• Provides discharge planning and family-based after-care 

supports for at least six months after the child is discharged 

from the program, and continues during this period to integrate family members in the treatment program as appropriate. 

• Is licensed in accordance with the state standards for 

child-care institutions providing foster care and accredited by 

any of the following agencies: the Council on Accreditation, the 

Joint Commission on Accreditation of Healthcare Organizations; the Commission on Accreditation of Rehabilitative Facilities; and any other independent, not-for-profit accrediting organization approved by the HHS Secretary. 

This section would additionally stipulate that a foster family 

home must be the home of an individual or family providing 24- 


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56 

hour substitute care for not more than six children placed in outof-home care. States would be permitted to place more than six 

children in a foster family home to allow any of the following: a 

pregnant or parenting youth in foster care to remain with his or 

her child; siblings to remain together; a child with an established 

meaningful relationship with the family to remain with the family; 

or a family with special training or skills to provide care to a child 

with a severe disability. Finally, it would require that the individual must reside in the home with the children who are in foster 

care, and must be licensed or approved as a foster parent by the 

state, including being deemed capable by the state of adhering to 

the ‘‘reasonable and prudent parent standard.’’ (The home may be 

rented or owned.) 

Additionally, this section would rewrite and re-organize the definition of a child care institution without making substantive 

changes. 

As a condition of eligibility for Court Improvement Program 

funds, this section would require a highest state court to provide 

training for judges, attorneys and other relevant legal personnel on 

federal child welfare policies and payment limitations with respect 

to placement of foster children in settings other than foster family 

homes. 

Finally, this section would require a title IV–E agency (including 

the public child welfare agency in the 50 states, the District of Columbia, Puerto Rico, and any tribe with an approved title IV–E 

plan) to certify that it will not enact or advance policies or practices 

that lead to a significant increase in the number of children in the 

state’s juvenile justice system as a response to the limitations 

added by this bill on title IV–E support for foster children placed 

in non-foster family home settings. 

Not later than December 31, 2023 the Government Accountability Office would be required to submit to Congress a report on 

the effect, if any, of limiting title IV–E support for children not in 

foster family homes and of this evaluation, including how often 

children who subject to both child welfare and juvenile justice oversight (‘‘dually adjudicated’’) are placed in juvenile justice settings 

and whether a lack of funded congregate care placements under 

the child welfare system contributes to this outcome. 

SECTION 202: ASSESSMENT AND DOCUMENTATION OF THE NEED FOR

PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM

Present law 

For each child in foster care the state must follow a set of defined 

case review procedures [Sec. 471(a)(16) and Sec. 422(b)(8)(A)(ii) of 

the Social Security Act]. Among these, the state must develop a 

written case plan for each child in care that is designed to achieve 

the child’s placement in a safe setting that is the least restrictive 

(most family-like) and most appropriate setting available consistent 

with the best interests and special needs of the child [Sec. 

475(5)(A) of the Social Security Act]. Further, each child’s status in 

foster care must be reviewed administratively no less often than 

every six months [Sec. 475(5)(B) of the Social Security Act], and a 

judge (or court-appointed body) must review the permanency plan 

for each child in foster care at least once every 12 months [Sec. 


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475(5)(C) of the Social Security Act]. Any child who is age 14 or 

older may select as many as two individuals to be a part of his/her 

permanency planning team [Sec. 475(5)(C)(iv) of the Social Security 

Act]. 

Explanation of provision 

For any child placed in a ‘‘qualified residential treatment program,’’ this provision would require states to have additional case 

review procedures as follows: • Assessment and Determination by Qualified Individual 

Within 30 days of Placement 

This section would require that, within 30 days of the child’s 

placement in a qualified residential treatment program, a ‘‘qualified individual,’’ working in conjunction with a state-assembled 

‘‘family and permanency team,’’ will assess the child’s strengths 

and needs; determine what type of placement is the least restrictive and most appropriate for the child; and develop specific shortand long-term mental and behavioral health goals for the child. If 

the assessment finds that placement in a foster family home is not 

appropriate, the qualified individual must write down, the reasons 

why the child’s needs cannot be met in the child’s family or in a 

foster family home (a lack or shortage of foster family homes may 

not be an acceptable reason) and why the qualified residential 

treatment program will provide the most appropriate care. 

A ‘‘qualified individual’’ would be defined as a trained professional or licensed clinician who is not an employee of the state 

child welfare agency and is not connected to, or affiliated with any 

placement setting in which children are placed by the state. However, the HHS Secretary would be permitted to waive these requirements if an individual is a trained professional or licensed clinician and the state certifies (in accordance with criteria established by the HHS Secretary) the individual will maintain objectivity when determining the most effective and appropriate placement for a child. 

• Assemble a ‘‘Family and Permanency Team’’ to Work with 

the Qualified Individual on Placement Assessment 

This section would document in the child’s case plan: 1) its good 

faith efforts assemble the ‘‘family and permanency’’ team consisting 

of biological family members, kin of the child, and other individuals 

who are resources to the child’s family, (e.g., teachers, or clergy); 

2) contact information for family members, relatives and fictive kin; 

3) evidence that the determination about placement appropriateness made by the qualified individual was done in conjunction with 

the family and permanency team; and 4) if placement setting determination is different the determination made by the ‘‘qualified individual,’’ the reasons why the team and child’s preferences were not 

recommended. If the youth is at least 14 years of age, the family 

and permanency team must include individuals selected by youth 

to be a part of his/her permanency team. 

• Court Approval or Disapproval of Placement Determination within 60 days of Placement 

This section would ensure that within 60 days of the start of a 

child’s placement in a qualified residential treatment program a 

court (or administrative body appointed or approved by the court) 

will: 1) consider the assessment, determination and documentation 


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58 

made by the qualified individual; 2) determine if a child’s needs 

can be met in a family foster home or, if not, whether the qualified 

residential treatment program where the child is placed is most appropriate to the child’s mental and behavioral health goals; and 3) 

approve or disapprove the placement setting. • Ongoing Review of Placement Setting Decision by State 

Agency 

At each status review and permanency hearing held for the child 

while he/she is placed in a qualified residential treatment program, 

the state child welfare agency must: 1) submit evidence that ongoing assessment determines placement in the qualified residential 

treatment center remains appropriate to the child’s goals; 2) document its efforts to prepare the child to move to a family setting (including home of biological parents, kin, adoptive parents, guardians, or foster parents); and 3) document the specific treatment or 

service needs that will be met for the child in that setting and the 

length of time the child is expected to need this treatment or services. • Additional Oversight for Stays Beyond Specified Time Periods 

For a child 12 years of age or younger who is placed in a qualified residential treatment program for six consecutive or nonconsecutive months or for a child of any age in such a placement 

setting for 12 consecutive (or 18 nonconsecutive) months, submit to 

the HHS Secretary the most recent evidence, as prepared for a status or permanency hearing, regarding ongoing appropriateness of 

the placement setting and the signed approval of the state child 

welfare agency head for the child’s continued placement in the setting. 

SECTION 203: PROTOCOLS TO PREVENT INAPPROPRIATE DIAGNOSES

Present law 

Under the title IV–B Child Welfare Services program, each state 

must develop a health oversight plan to ensure a coordinated strategy to meet the health needs of children in foster care [Sec. 

422(b)(15) of the Social Security Act]. 

Explanation of provision 

This section would require states to include in this plan the 

state’s established procedures to ensure children are not inappropriately placed in a non-family setting, due to an inappropriate diagnosis of mental illness, behavioral disorders, medically fragile 

conditions, or developmental disabilities. HHS would also be required to analyze state compliance with this requirement, identify 

best practices, and submit a report on this work to Congress no 

later than January 1, 2019. 

SECTION 204: ADDITIONAL DATA AND REPORTS REGARDING CHILDREN

PLACED IN A SETTING THAT IS NOT A FOSTER FAMILY

Present law 

The HHS Secretary must annually prepare and report to Congress state-level data on certain child welfare outcomes and other 

characteristics. Beginning with the report covering FY2016, it must 

include information on foster children placed in settings other than 


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foster family homes, including numbers of these children, their 

ages and length of time in non-foster family settings; any clinically 

diagnosed special needs of these children, and any specialized services provided to them [Sec. 479A(a)(7)(A) of the Social Security 

Act]. 

Explanation of provision 

This section would rewrite this reporting requirement to list 

more types of non-foster family home settings for which specific information must be included in the report and would additionally 

request information on the gender and race/ethnicity of children 

placed in these settings, and whether the non-foster family home 

is the first placement setting for the child or, if not, the number 

and type of previous placement settings. 

SECTION 205: EFFECTIVE DATES; APPLICATION TO WAIVERS

Present law 

No provision. 

Explanation of provision 

Provisions limiting federal title IV–E foster care maintenance 

payment support for children in non-foster family settings, including related definitions, assessment procedures and other requirements would be effective on the first day of FY2020 (October 1, 

2019), as would the certification concerning no state policies advanced as a result of those new limits that would impact the juvenile justice system. 

Other provisions in title II—the training requirement under the 

Court Improvement Program (protocols to prevent inappropriate diagnoses and changes to HHS data reporting requirements) would 

be effective on the first day of FY2017 (October 1, 2016). However, 

if HHS determined that a state (including the 50 states, District 

of Columbia, and Puerto Rico) would need to enact legislation 

(other than appropriations), to meet the requirement to develop 

protocols to prevent inappropriate diagnoses, the state would have 

until the first day of the first calendar quarter that begins after the 

close of the first regular state legislative session that begins after 

the enactment of the Family First Prevention Services Act of 2016. 

Reason for changes under Title II—Ensuring the Necessity of a 

Placement that is Not in a Foster Family Home 

When children are removed from their parents, they may be 

placed in a range of settings, including a family foster care home 

or a group home (also called a congregate care setting). Federal law 

mandates that each child’s case plan include a discussion of how 

the plan is designed to achieve a safe placement for the child in 

the least restrictive (most family-like) setting available and in close 

proximity to the home of the parent(s) when the case plan goal is 

reunification. Case plans must also address how the placement is 

consistent with the best interests and special needs of the child. 

However, states and tribes have flexibility and discretion to make 

decisions for a child on a case-by-case basis to ensure that the best 

placement is made and the individual needs of the child are met. 


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60 

23 U.S. Department of Health and Human Services, A National Look at the Use of Congregate 

Care in Child Welfare. March 30, 2015. 24 Ibid. 25 Consensus Statement on Group Care for Children and Adolescents: A Statement of Policy 

of the American Orthopsychiatric Association. American Journal of Orthopsychiatry. 2014, Vol, 

84, No. 3, 219–225. 26 U.S. Department of Health and Human Services, A National Look at the Use of Congregate 

Care in Child Welfare. March 30, 2015. 

According to the FY 2013 data from the Adoption and Foster 

Care Analysis and Reporting System (AFCARS), on any given day 

14% of children in foster care were placed in congregate care (i.e. 

group settings that house multiple foster care youth) and 20% of 

children who enter foster care will experience congregate care at 

some point. The average length of stay in congregate care is 8 

months. The Children’s Bureau noted that children 12 and under 

comprised an unexpectedly high percentage (31%) of children who 

experienced a congregate care setting.’’ 23

Children with a Diagnostic and Statistical Manual of Mental Disorders (DSM) diagnosis, behavioral health issues or other clinical 

disabilities make up a significant proportion of those children who, 

at some point during their time in foster care, experienced time in 

a congregate care setting. And these children tend to remain in 

congregate care settings for longer periods of time. For children age 

13 and older, the majority enter congregate care due to a child behavior problem and no other clinical mental or medical disability. 

According to FY 2013 AFCARS data, approximately one third of 

children and youth in congregate care settings have no clinical or 

behavioral diagnosis. In addition, boys are more likely than girls to 

experience congregate care, particularly if they have a DSM diagnosis or behavioral problem. The overall time in foster care was 

longer for children who spent some time in congregate care, with 

an average of 27 months compared to 21 months total time in foster care.24

Although there is an appropriate role for congregate care placements in the continuum of foster care settings, there is consensus 

across multiple stakeholders that most children and youth, but especially young children, are best served in a family setting. Stays 

in congregate care should be based on the specialized behavioral 

and mental health needs or clinical disabilities of children. It 

should be used only for as long as is needed to stabilize the child 

or youth so they can return to a family-like setting. 

Youth who present with a DSM diagnosis can make improvements in a specialized setting for a limited period of time. According to a consensus statement on group care for children and adolescents released by the American Orthopsychiatric Association, 

‘‘There is not demonstrable therapeutic necessity for group care to 

be used as a long-term living arrangement.’’ 25 This statement also 

recognized that a large-scale study comparing youth in group 

homes versus youth in foster care found youth in group settings 

were 2.4 times more likely to be arrested—even though researchers 

controlled for race, sex, abuse and placement history, presence of 

behavior problems, and history of running away. 

There has been a significant decrease (37% reduction) in the percentage of children placed in congregate care settings in the past 

decade, and this reduction is at a greater rate than the reduction 

in the overall foster care population (21% reduction).26 While these 


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61 

trends suggest that child welfare practice is moving toward more 

limited use of congregate care, the depth of improvement is not 

consistent across states, and some cohorts of children and youth 

have fared better than others. To ensure federal funds are only 

spent on settings that are most appropriate for children, this bill 

limits federal payment to states when children are placed inappropriately in non-family settings, such as group homes or congregate 

care facilities. 

The Committee also believes it is important to mention that this 

bill would not prevent states from placing children in congregate 

care, nor eliminate federal funding for congregate care placements. 

Instead, this bill seeks to improve the safety and effectiveness of 

congregate care settings when they involve foster children. Federal 

funding remains available under the bill when a child is appropriately placed in congregate care because of their need for specific 

clinical services that cannot be delivered in a family setting. Congregate care settings will need to meet new licensing and accreditation standards to ensure they provide appropriate supervision and 

have the necessary clinical staff to address the needs of the child. 

Importantly, these limitations on federal reimbursement for congregate care will not affect child welfare financing for most children currently in foster care, as over six in 10 children in foster 

care are paid for solely with state funds. In addition, less than 14% 

of all children in foster care nationally are in congregate care settings, so these requirements only apply to a relatively limited number of cases in each state. 

Effective date for Title II—Ensuring the Necessity of a Placement 

that is Not in a Foster Family Home 

Provisions limiting federal title IV–E foster care maintenance 

payment support for children in non-foster family settings, including related definitions, assessment procedures and other requirements would be effective on the first day of FY2020 (October 1, 

2019); the certification concerning no state policies advanced as a 

result of those new limits that would impact the juvenile justice 

system would also be effective on that date. 

Other provisions in title II—the training requirement under the 

Court Improvement Program; protocols to prevent inappropriate diagnoses; and changes to the annual report requirement for the 

HHS Secretary would be effective on the first day of FY2017 (October 1, 2016). However, if the HHS Secretary determined that a 

state (including the 50 states, District of Columbia, and Puerto 

Rico) would need to enact legislation, other than appropriations to 

meet the requirement to develop protocols to prevent inappropriate 

diagnoses, the state would have until the first day of the first calendar quarter that begins after the close of the first regular state 

legislative session that begins after the enactment of the Family 

First Prevention Services Act of 2016. 


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62 

Title III—Continuing Support for Child and Family Services 

SECTION 301: SUPPORTING AND RETAINING FOSTER FAMILIES FOR

CHILDREN

Present law 

States must spend 90% of the funding they receive under the 

title IV–B Promoting Safe and Stable Families (PSSF) program on 

four categories of child and ‘‘family services. One of those categories 

is ‘‘family support’’ services, which include community-based services designed to promote the safety and well-being of children and 

families; strengthen families (including biological, adoptive, foster, 

and kin); increase parent’s confidence and parenting competence; 

and enhance child development [Section 431(a)(2) of the Social Security Act]. 

Explanation of provision 

This section would further provide family support services including services designed to support and retain foster families so 

they can provide quality family-based settings for children in foster 

care. 

It would provide a separate appropriation of $8 million in 

FY2018 for HHS to make competitive grants to states or tribes to 

support recruitment and retention of high-quality foster families. 

The grants would be intended to increase the capacity of a grantee 

to place more children in family settings and would need to focus 

on states or tribes with the highest percentage of children in nonfamily settings. Funding appropriated in FY2018 would remain 

available for five years (through FY2022). 

SECTION 302: EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS

Present law 

Authorizes annual discretionary funding of not more than $325 

million for the title IV–B Child Welfare Services program in each 

of FY2012–FY2016 [Sec. 425 of the Social Security Act]. Authorizes annual mandatory funding of $345 million for the 

title IV–B Promoting Safe and Stable Families program in each of 

FY2012–FY2016 [Sec. 436(a) (see also Sec. 434(a)) of the Social Security Act]; separately authorizes annual discretionary funding of 

$200 million for the PSSF program in each of FY2012–FY2016 

[Sec. 437(a) of the Social Security Act]. 

For each of FY2012–FY2016, the HHS Secretary is required to reserve $20 million out of the mandatory funding provided for the 

PSSF program to monthly caseworker visit grants and, a separate 

$20 million to make regional partnership grants (to improve outcomes for children affected by parental substance abuse) [Sec. 

436(b)(4)and(5) of the Social Security Act]. 

Funding to make Court Improvement Program (CIP) grants must 

be annually reserved out of the mandatory, and any discretionary, 

funds provided for the PSSF program [Sec. 436(b)(2) and Sec. 

437(b)(2) of the Social Security Act]. There is no year limit on the 

requirement that funds be reserved for the CIP. 

Provided it has an approved CIP grant application, the highest 

court in each state (includes the 50 states, the District of Columbia 

and Puerto Rico) is entitled to an allotment of this CIP program 


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63 

funding in each of FY2012–FY2016 [Sec. 438(c)(1) of the Social Security Act]. A state highest court may use its CIP allotment to pay 

no more than 75% of CIP costs in each of FY2012–FY2016 [Sec. 

438(d) of the Social Security Act]. 

Finally, this section contains language appropriating CIP funds 

for each of FY2006–FY2010 and directing how certain funding reserved for the CIP in FY2011 was to be distributed [Sec. 438(e) of 

the Social Security Act]. 

Explanation of provision 

This section would extend this same annual level of discretionary 

funding authority for the Child Welfare Services program in each 

of FY2017–FY2021. 

This section would extend this same annual level ($345 million) 

of mandatory funding authority for the PSSF program in each of 

FY2017–FY2021 and the same annual level ($200 million) of discretionary funding authority for the PSSF program in each of the 

same five years. 

This section would require the HHS Secretary to continue these 

same funding reservations out of the mandatory funding provided 

for the PSSF program for each of FY2017–FY2021, i.e., $20 million 

in each of those years for monthly caseworker visit grants and $20 

million in each of those years for regional partnership grants. 

This section would extend the entitlement of eligible state highest courts to CIP grant funding through each of FY2017–FY2021. 

It would also extend this 75% federal share through each of 

FY2017–FY2021. 

This would also repeal language appropriating CIP funds for 

each of FY2006–FY2010 and directing how certain funding reserved for the CIP in FY2011 was to be distributed [Sec. 438(e) of 

the Social Security Act], since it is now obsolete. 

SECTION 303: IMPROVEMENTS TO THE JOHN H. CHAFEE FOSTER CARE

INDEPENDENCE PROGRAM AND RELATED PROVISIONS. 

Present law 

Authorizes funding to states for services to support older children 

in foster care and youth who have emancipated from foster care 

(‘‘aged out’’). This funding is authorized under the Chafee Foster 

Care Independence Program (CFCIP). Among other requirements 

for receiving CFCIP funds, a state must certify that it will provide 

assistance and services to youth who left foster care after reaching 

their 18th birthday but who are not yet 21 years of age [Sec. 

477(b)(3)(A) and (B) of the Social Security Act]. 

Authorizes general CFCIP funding and, separately, funding for 

the Chafee Education and Training Voucher (ETV) [Sec. 477(h) of 

the Social Security Act]. Funding is allotted to all states based primarily on their relative share of children in foster care across the 

nation and to eligible tribes (out of a state’s allotment) based on 

share of tribal children in foster care in the state. States must annually request to receive their CFCIP and ETV allotments and 

must spend the funding in the fiscal year they are received or in 

the succeeding fiscal year. If a state applies for its full CFCIP and 

ETV allotments but does not spend them within the two-year time 


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64 

frame, the unused funds revert to the federal Treasury [Sec. 477(c), 

(d) and Sec. 477(j)(4) of the Social Security Act]. 

Authorizes education and training vouchers for eligible youth to 

attend institutions of higher education. Youth are eligible to receive 

ETVs if they are eligible for the CFCIP. A youth can receive a 

voucher until age 21, or to age 23 if the youth is in the voucher 

program at age 21 and is making satisfactory progress toward completing the education or training program in which he or she is enrolled [Sec. 477(i)(1) and Sec. 477(i)(3) of the Social Security Act]. 

The program is entitled the John H. Chafee Foster Care Independence Program [Sec. 477 of the Social Security Act heading]. 

The purposes of CFCIP specify that particular services may be 

provided to four groups of children or youth: (1) those likely to remain in foster care until 18 years of age (which may, as state 

chooses, include children of any age); (2) those who are aging out; 

(3) those who were in foster care and are between ages 18 and 21; 

and (4) those who have left foster care at age 16 or older for kinship guardianship or adoption. 

Services for children likely to remain in foster care include assistance in—(1) obtaining a high school diploma, career exploration, 

vocational training, job placement and retention, substance abuse 

prevention, and preventative health activities; (2) receiving the 

education, training, and services necessary to obtain employment; 

(3) preparing for and entering postsecondary education; and (4) 

gaining access to regular, ongoing opportunities to engage in age 

or developmentally-appropriate activities. Services for children 

aging out of foster care include personal and emotional supports 

through mentors and interaction with dedicated adults. Services for 

former foster children between the ages of 18 and 21 include financial, housing, counseling, employment, education, and other appropriate services to complement their efforts in achieving self-sufficiency and assuring that they recognize and accept personal responsibility for making the transition to adulthood. Children who 

have left foster care at age 16 or older for kinship guardianship or 

adoption are eligible for these services generally (until age 21) [Sec. 

477(a) of the Social Security Act]. 

Section 477 refers to ‘‘adolescents’’ in some places [Sec. 

477(b)(2)(D), Sec. 477(b)(3)(D), Sec. 477(b)(3)(H), and Sec. 

477(b)(3)(K) of the Social Security Act]. 

Requires states to certify that they use title IV–E foster care 

funds to provide training for foster parents, adoptive parents, workers in group homes, and case managers to understand and address 

the issues confronting adolescents in preparing for independent living. The training must be coordinated, to the extent possible, with 

the state independent living program for eligible youth in care or 

those who have recently aged out of care [Sec. 477(b)(3)(D) of the 

Social Security Act]. 

HHS was required to consult with specified stakeholders to develop outcome measures and identify data elements needed to track 

outcomes of youth receiving independent living services and state 

performance in providing those services and, further to develop a 

plan for states to collect and report this information [Sec. 477(f)(2) 

of the Social Security Act]. Based on these requirements (added to 

the law in 1999) HHS developed, and issued a final rule on, the 

National Youth in Transition Database, or NYTD. States must surVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00064 Fmt 6659 Sfmt 6602 E:\HR\OC\HR628.XXX HR628

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vey two groups of current and former foster youth as part of NYTD: 

(1) those who currently receive any independent living service that 

is provided or paid for by the state child welfare agency; and (2) 

those in foster care on or around their 17th birthday, those same 

youth two years later on or about their 19th birthday, and again 

on or about their 21st birthday. The second group may include 

youth who have aged out of foster care. 

States (including the 50 states, District of Columbia and Puerto 

Rico) and tribes operating a title IV–E program are required to provide certain information to youth emancipating from foster care at 

age 18 or older (or any age up to age 21 if the state provides title 

IV–E foster care up to that older age). The law specifies the following information and documents: an official or certified copy of 

the United States birth certificate, Social Security card issued by 

the Social Security Administration, health insurance information, a 

copy of the foster youth’s medical records, and a driver’s license or 

state-issued identification card that meets the requirements of the 

REAL ID Act of 2005. Youth are to receive the documents if they 

have been in care for at least six months and are otherwise eligible 

[Sec. 475(5)(I) of the Social Security Act]. 

Explanation of provision 

This section would permit states to certify that they use CFCIP 

funds to serve youth who have aged out of foster care and are not 

yet 23 years of age but only if the HHS Secretary determines that 

the state has elected to extend federal title IV–E foster care to children up to age 21; or that the state provides comparable assistance 

with state or other non-title IV–E funds. 

It would permit HHS to redistribute any CFCIP or ETV funds 

that are not spent within the two-year time frame to one or more 

states (including tribes) that apply for these funds, provided HHS 

determines the state or tribe will use the funds according to the 

CFCIP or ETV purposes for which they were originally provided. 

HHS would be required to distribute these unused funds based on 

a state or tribe’s share of all children in foster care among the 

states and tribes applying for these additional funds. 

It would continue to make the vouchers available to youth who 

are eligible for the CFCIP, which would now include youth who 

have experienced foster care at age 14 or older, including former 

foster care recipients up to 21 years of age (or 23 years of age in 

states that certify they provide CFCIP services to that older age). 

Youth could continue receiving an education and training voucher 

until age 26, so long as the youth is participating in the program 

and making satisfactory progress toward completing a postsecondary education or training program. In no event, however, could 

a youth receive such a voucher for more than five years, regardless 

of whether those years are consecutive. 

This section would also change the program name to the John H. 

Chafee Foster Care Program for Successful Transition to Adulthood. 

It would provide CFCIP services for four groups of youth, including those who (1) have experienced foster care and are age 14 or 

older; (2) are former foster care recipients ages 18 to 21 years of 

age (or up to age 23 if they live in a state that certifies it provides 


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66 

services to youth up to age 23); or (3) left foster care at age 16 or 

older for kinship guardianship or adoption. 

Youth who have experienced foster care at age 14 or older would 

be eligible for most services and supports that are currently available to youth likely to remain in foster care until age 18. They 

would also be eligible for services that include assistance in—obtaining a post-secondary education; training and opportunities to 

practice daily living skills (such as financial literacy training and 

driving instruction); achieving meaningful connections with a caring adults; and engaging in age or developmentally appropriate activities. These youth would also be eligible for services related to 

positive youth development, and experimental learning that reflects what their peers in intact families experience. Children likely 

to remain in foster care until age 18 would continue to be eligible 

for services to ensure they have regular and on-going opportunities 

to engage in age and developmentally appropriate activities. Services and supports to former foster care recipients who are age 18 

to 21 (or 23 if state extends title IV–E or comparable assistance to 

this age) remain unchanged. 

Additionally, this section would strike ‘‘adolescents’’ and replace 

with ‘‘youth’’ in all places that it appears. 

It would specify that training would be required to address 

‘‘youth development’’ to help stakeholders with youth preparing for 

both (1) a successful transition to adulthood and (2) a permanent 

connection with a caring adult. The training would need to be targeted to the same individuals listed in current law. States would 

no longer be required to certify that they would coordinate the 

training with the independent living program for eligible youth. 

This section would also strike the obsolete requirements for HHS 

and would require that no later than October 1, 2017, HHS must 

submit a report to the House Ways and Means and Senate Finance 

committees that, based on NYTD or other relevant state-reported 

data, provides the following: • For 17-year-olds surveyed by NYTD, a description of the 

reasons they enter care and their experiences while in care 

(such as length of stay, number of placement settings, case 

goal, and discharge reason), and an analysis of how this same 

information compares to that of children who exit from care before reaching age 17; 

• For 19- and 21-year-olds surveyed by NYTD and who report negative outcomes, a description of their characteristics; 

• Benchmarks for determining what constitutes a poor outcome for youth who remain in, or have exited from, foster care 

and plans by the executive branch to incorporate those benchmarks as part of efforts to evaluate how well child welfare 

agencies provide services to children transitioning from care; 

• An analysis of the association between specified foster care 

experiences (types of placement, number of overall placements, 

time spent in foster care, and other factors) and outcomes for 

youth at ages 19 and 21; and 

• An examination of differences in outcomes for children 

who remain in foster care at age 19 and 21 and those of that 

age who have left foster care. 

Finally, it would require states, territories, and tribes to also provide official documentation necessary to prove that the child was 


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67 

previously in foster care. Such documentation may be necessary for 

youth to prove eligibility for a program or benefit, such as Medicaid 

or student financial aid. 

Reason for changes under Title III—Continuing Support for Child 

and Family Services 

The Committee believes that qualified, loving foster families are 

critically important to our efforts to protect and nurture children 

who have been maltreated, and will be especially important as 

states reduce their reliance on congregate care. This change is intended to clarify that states have full flexibility to use these existing funds to support foster families. 

This section also makes modest updates to the John H. Chafee 

Foster Care Independence program to better align the statute with 

best practices and to maximize the availability of support for older 

foster youth making the transition to adulthood. 

Effective date for Title III—Continuing Support for Child and Family Services 

These provisions are effective on October 1, 2016. 

Title IV—Continuing Incentives to States to Promote Adoption and 

Legal Guardianship 

SECTION 401: REAUTHORIZING ADOPTION AND LEGAL GUARDIANSHIP

INCENTIVE PROGRAMS

Present law 

Adoption and Legal Guardianship Incentive Payments are paid 

to states that increase the rate at which children who are in foster 

care and who cannot return home are placed in permanent families 

via adoption or legal guardianship [Sec. 473A of the Social Security 

Act]. 

Explanation of provision 

This section would continue for five fiscal years (FY2016– 

FY2020) state’s eligibility to earn these incentive payments and 

would extend annual discretionary funding authority, at the current law annual level of $43 million, for each of five fiscal years 

(FY2017–FY2021). Additionally, this section would permit funds 

appropriated under this authority to remain available until expended, but not later than FY2021. 

Reason for change 

Research has shown that children adopted from foster care have 

better life outcomes than children who remain in foster care. The 

Committee believes states should continue to be incentivized to 

place children with adoptive families when they cannot safely return home. 

Effective date 

The provision is effective upon enactment. 


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Title V—Technical Corrections 

SECTION 501: TECHNICAL CORRECTIONS TO DATA EXCHANGE

STANDARDS TO IMPROVE PROGRAM COORDINATION

Present law 

Requires the HHS Secretary, after consulting with the Office of 

Management and Budget (OMB) and considering state perspectives 

to designate by regulation standard data elements for any category 

of reporting required under title IV–B. Stipulates additional requirements related to these data standards [Sec. 440 of the Social 

Security Act]. 

Explanation of provision 

This section would rewrite these provisions to require HHS, in 

consultation with an interagency work group established by the 

OMB, and considering state government perspectives, to develop 

regulations concerning the categories of information that state 

child welfare agencies must be able to exchange with another state 

agency as well as federal reporting and data exchange required 

under applicable federal law. HHS would need to issue a proposed 

rule no later than two years (24 months) after enactment of this 

bill that identifies federally required data exchanges and specifies 

state implementation options. 

SECTION 502: TECHNICAL CORRECTIONS TO STATE REQUIREMENT TO

ADDRESS THE DEVELOPMENTAL NEEDS OF YOUNG CHILDREN

Present law 

Under the title IV–B Child Welfare Services programs states 

must describe activities they do to reduce the length of time children who are under five years of age spend without a permanent 

family and what it does to address the developmental needs of 

these children [Sec. 422(b)(18) of the Social Security Act]. 

Explanation of provision 

This section would clarify that a state must describe in its title 

IV–B Child Welfare Services plan what it is doing to address the 

developmental needs of all vulnerable children under five years of 

age who receive benefits or services under the title IV–B programs 

or the title IV–E foster care and permanency program (not just 

children in foster care). 

Reason for changes under Title V—Technical Corrections 

The original version of the provision in Section 501 included errors that prevented HHS from complying with Congressional intent. In addition, previous interpretation of the law limited this requirement to children under age five who were in foster care. 

Effective date for Title V—Technical Corrections 

These provisions are effective upon enactment. 


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Title VI—Ensuring States Reinvest Savings Resulting from 

Increase in Adoption Assistance 

SECTION 601 AND 602: DELAY OF ADOPTION ASSISTANCE PHASE-IN; GAO

REPORT

Present law 

Under current law use of an income test for purposes of determining eligibility for title IV–E adoption assistance is being phased 

out (primarily based on the child’s age). However, no child, regardless of age, may be eligible for title IV–E adoption assistance unless 

the state determines that the child has ‘‘special needs.’’ For purposes of the title IV–E program, ‘‘special needs’’ generally refers to 

factors or conditions (as determined by a state) such as race/ethnicity, physical or mental disability, and age or behavioral issues 

that make it unlikely that a child will be adopted with assistance 

[Sec. 473(c) and (e) of the Social Security Act]. 

As of October 1, 2015 (FY2016) no income eligibility test is needed to determine title IV–E adoption assistance eligibility for child 

determined by the state to have ‘‘special needs’’ who is four years 

of age or older when his/her adoption assistance agreement is finalized. As of October 1, 2016 (FY2017), this would be the case for 

special needs children who are age two or older when their adoption assistance agreement is finalized and, as of October 1, 2017 

(FY2018), children of any age who are determined by a state to 

have special needs may be eligible for title IV–E adoption assistance without application of an income test [Sec. 473(e)(1) and Sec. 

473(a)(2)(A)(ii) of the Social Security Act]. 

Explanation of provision 

This section would delay the age-related expansion of eligibility 

for title IV–E adoption assistance that was enacted as part of the 

Fostering Connections to Success and Increasing Adoptions Act of 

2008. The delay would affect children with special needs who are 

under four years of age when their adoption assistance agreement 

is finalized. Specifically children with special needs who are two 

but not yet four years of age would be eligible for title IV–E adoption assistance without meeting an income test as of April 1, 2019 

(instead of current law October 1, 2016) and any child with special 

needs (regardless of age) would be eligible for title IV–E adoption 

assistance, without an income test, as of April 1, 2020 (instead of 

current law October 1, 2017). 

In addition, this section would require the Government Accountability Office (GAO), to study whether states are complying with 

the requirement that they spend, for child welfare purposes, an 

amount equal to the amount of savings (if any) resulting from 

phasing out the income eligibility requirements for federal adoption 

assistance and the requirement that not less than 30% of any such 

savings be used for post-adoption or post-guardianship services and 

services to support and sustain positive outcomes, and permanency, 

for children who might otherwise enter foster care. The GAO would 

be required to submit its findings, including any recommendations 

to ensure compliance with the law, to the House Ways and Means 

and Senate Finance Committees. 


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27 U.S. Department of Health and Human Services. Federal Fiscal Year 2015 Annual Adoption 

Savings Calculation and Accounting Report (Form CB–496 Part 4)Reported Data As Of: June 

7, 2016. 

Reason for changes under Title VI—Ensuring States Reinvest Savings Resulting from Increase in Adoption Assistance 

Since 1980, the federal government has offered support to states 

for providing ongoing adoption assistance to eligible children who 

are determined by their state to have ‘‘special needs’’ and who are 

removed from families with very low incomes. In 2008, Congress 

adopted provisions designed to remove (over time) the income test 

requirement as part of determining eligibility for this federal assistance and it stipulated that states must reinvest in child welfare 

purposes any savings to the state from this change in federal eligibility rules. At that time the Congressional Budget Office estimated 

significant additional federal spending under this program due to 

this change in eligibility rules. 

In 2011 and 2014, in response to concerns that some states were 

not adequately calculating and reinvesting their savings associated 

with the phase in of full federal support for adoption assistance, 

Congress included a provision in P.L. 113–183 which revised prior 

law requirements related to such savings. The new provisions require states to use a methodology specified, or approved, by HHS 

to calculate any savings. Further, the 2014 law requires states to 

spend no less than 30% of any identified savings to provide postadoption services, post-guardianship services, and services to support and sustain positive permanent outcomes for children who 

might otherwise enter foster care. Finally, P.L. 113–183 requires 

HHS to post information from states regarding calculation and 

makes these requirements concerning adoption assistance savings 

effective as of October 1, 2014. 

To date, Congress and child welfare advocates have identified 

two concerns: first that some states may be inadequately tracking 

savings resulting from the new federal support for adoption assistance and second, that those savings have not been adequately reinvested back into the child welfare system as required under both 

the 2008 and 2014 Acts. In the most recent report to HHS on adoption assistance savings, 25 states and the District of Columbia reported $0 in FY2015 in reinvested savings from federal adoption 

assistance funding.27

Given these concerns, it is the Committee’s view that temporarily 

pausing the continued phase in of increased federal adoption assistance funding is warranted in order to ensure future savings are reinvested into eligible state child welfare expenditures, consistent 

with federal law. Accordingly, this legislation instructs the GAO to 

conduct an investigation into this matter and make recommendations to Congress on how to best ensure states are complying with 

federal law. In performing this investigation, it is our expectation 

that GAO examine whether there are any emerging patterns regarding adoption practices since the enactment of the 2008 adoption assistance ‘‘de-link’’ phase in and if states are maximizing or 

not maximizing the use of these new adoption assistance funds in 

proportion to the special needs population. 

The Committee would like to make it clear that the pause in implementation of the full adoption assistance phase-in is meant to 


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71 

be temporary and that the phase-in of federal support is still a policy of utmost priority to be completed by April of 2020. 

Effective date for Title VI—Ensuring States Reinvest Savings Resulting from Increase in Adoption Assistance 

These provisions are effective upon enactment. 

III. VOTES OF THE COMMITTEE 

In compliance with the Rules of the House of Representatives, 

the following statement is made concerning the vote of the Committee on Ways and Means during the markup consideration of 

H.R. 5456, ‘‘Family First Prevention Services Act of 2016’’ on June 

15, 2016. 

An amendment in the nature of a substitute was offered by 

Chairman Brady and adopted by voice vote (with a quorum being 

present). 

The bill was ordered favorably reported to the House of Representatives, as amended, by a 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 does 

involve new budget authority or tax expenditure budget authority. 

V. COST ESTIMATE PREPARED BY THE CONGRESSIONAL 

BUDGET OFFICE 

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

House of Representatives, an estimate and comparison prepared by 

the Director of the Congressional Budget Office under section 402 

of the Congressional Budget Act of 1974 was not submitted to the 

Committee before the filing of the report. 

VI. OTHER MATTERS TO BE DISCUSSED UNDER THE 

RULES OF THE HOUSE 

A. 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. 

B. 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 strengthen families by providing evidence-based prevention services to keep children out of 

foster care and reduces inappropriate placements into group homes. 


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C. 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. 

D. 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. 

E. 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 pursuant 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). 

F. 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 one directed rule making 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 

* * * * * * * 


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TITLE IV—GRANTS TO STATES FOR AID AND SERVICES TO 

NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES 

* * * * * * * 

PART B—CHILD AND FAMILY SERVICES 

Subpart 1—Stephanie Tubbs Jones Child Welfare 

Services Program 

* * * * * * * 

STATE PLANS FOR CHILD WELFARE SERVICES

SEC. 422. (a) In order to be eligible for payment under this subpart, a State must have a plan for child welfare services which has 

been developed jointly by the Secretary and the State agency designated pursuant to subsection (b)(1), and which meets the requirements of subsection (b). 

(b) Each plan for child welfare services under this subpart 

shall— 

(1) provide that (A) the individual or agency that administers 

or supervises the administration of the State’s services program under subtitle 1 of title XX will administer or supervise 

the administration of the plan (except as otherwise provided in 

section 103(d) of the Adoption Assistance and Child Welfare 

Act of 1980), and (B) to the extent that child welfare services 

are furnished by the staff of the State agency or local agency 

administering the plan, a single organizational unit in such 

State or local agency, as the case may be, will be responsible 

for furnishing such child welfare services; 

(2) provide for coordination between the services provided for 

children under the plan and the services and assistance provided under subtitle 1 of title XX 13, under the State program 

funded under part A, under the State plan approved under 

subpart 2 of this part, under the State plan approved under 

the State plan approved under part E, and under other State 

programs having a relationship to the program under this subpart, with a view to provision of welfare and related services 

which will best promote the welfare of such children and their 

families; 

(3) include a description of the services and activities which 

the State will fund under the State program carried out pursuant to this subpart, and how the services and activities will 

achieve the purpose of this subpart; 

(4) contain a description of— 

(A) the steps the State will take to provide child welfare 

services statewide and to expand and strengthen the range 

of existing services and develop and implement services to 

improve child outcomes; and 

(B) the child welfare services staff development and 

training plans of the State; 

(5) provide, in the development of services for children, for 

utilization of the facilities and experience of voluntary agencies 


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in accordance with State and local programs and arrangements, as authorized by the State; 

(6) provide that the agency administering or supervising the 

administration of the plan will furnish such reports, containing 

such information, and participate in such evaluations, as the 

Secretary may require; 

(7) provide for the diligent recruitment of potential foster 

and adoptive families that reflect the ethnic and racial diversity of children in the State for whom foster and adoptive 

homes are needed; 

(8) provide assurances that the State— 

(A) is operating, to the satisfaction of the Secretary— 

(i) a statewide information system from which can 

be readily determined the status, demographic characteristics, location, and goals for the placement of every 

child who is (or, within the immediately preceding 12 

months, has been) in foster care; 

(ii) a case review system (as defined in section 

475(5) and in accordance with the requirements of section 475A) for each child receiving foster care under 

the supervision of the State; 

(iii) a service program designed to help children— 

(I) where safe and appropriate, return to families from which they have been removed; or 

(II) be placed for adoption, with a legal guardian, or if adoption or legal guardianship is determined not to be appropriate for a child, in some 

other planned, permanent living arrangement, 

subject to the requirements of sections 475(5)(C) 

and 475A(a), which may include a residential educational program; and 

(iv) a preplacement preventive services program designed to help children at risk of foster care placement 

remain safely with their families; and 

(B) has in effect policies and administrative and judicial 

procedures for children abandoned at or shortly after birth 

(including policies and procedures providing for legal representation of the children) which enable permanent decisions to be made expeditiously with respect to the placement of the children; 

(9) contain a description, developed after consultation with 

tribal organizations (as defined in section 4 of the Indian SelfDetermination and Education Assistance Act) in the State, of 

the specific measures taken by the State to comply with the Indian Child Welfare Act; 

(10) contain assurances that the State shall make effective 

use of cross-jurisdictional resources (including through contracts for the purchase of services), and shall eliminate legal 

barriers, to facilitate timely adoptive or permanent placements 

for waiting children; 

(11) contain a description of the activities that the State has 

undertaken for children adopted from other countries, including the provision of adoption and post-adoption services; 

(12) provide that the State shall collect and report information on children who are adopted from other countries and who 


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enter into State custody as a result of the disruption of a placement for adoption or the dissolution of an adoption, including 

the number of children, the agencies who handled the placement or adoption, the plans for the child, and the reasons for 

the disruption or dissolution; 

(13) demonstrate substantial, ongoing, and meaningful collaboration with State courts in the development and implementation of the State plan under subpart 1, the State plan approved under subpart 2, and the State plan approved under 

part E, and in the development and implementation of any program improvement plan required under section 1123A; 

(14) not later than October 1, 2007, include assurances that 

not more than 10 percent of the expenditures of the State with 

respect to activities funded from amounts provided under this 

subpart will be for administrative costs; 

(15)(A) provides that the State will develop, in coordination 

and collaboration with the State agency referred to in paragraph (1) and the State agency responsible for administering 

the State plan approved under title XIX, and in consultation 

with pediatricians, other experts in health care, and experts in 

and recipients of child welfare services, a plan for the ongoing 

oversight and coordination of health care services for any child 

in a foster care placement, which shall ensure a coordinated 

strategy to identify and respond to the health care needs of 

children in foster care placements, including mental health and 

dental health needs, and shall include an outline of— 

(i) a schedule for initial and follow-up health 

screenings that meet reasonable standards of medical 

practice; 

(ii) how health needs identified through screenings 

will be monitored and treated, including emotional 

trauma associated with a child’s maltreatment and removal from home; 

(iii) how medical information for children in care 

will be updated and appropriately shared, which may 

include the development and implementation of an 

electronic health record; 

(iv) steps to ensure continuity of health care services, which may include the establishment of a medical 

home for every child in care; 

(v) the oversight of prescription medicines, including 

protocols for the appropriate use and monitoring of 

psychotropic medications; 

(vi) how the State actively consults with and involves physicians or other appropriate medical or nonmedical professionals in assessing the health and wellbeing of children in foster care and in determining appropriate medical treatment for the children; and 

(vii) steps to ensure that the components of the transition plan development process required under section 475(5)(H) that relate to the health care needs of 

children aging out of foster care, including the requirements to include options for health insurance, information about a health care power of attorney, health 

care proxy, or other similar document recognized 


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under State law, and to provide the child with the option to execute such a document, are met; and 

(B) subparagraph (A) shall not be construed to reduce or 

limit the responsibility of the State agency responsible for administering the State plan approved under title XIX to administer and provide care and services for children with respect to 

whom services are provided under the State plan developed 

pursuant to this subpart; 

(16) provide that, not later than 1 year after the date of the 

enactment of this paragraph, the State shall have in place procedures providing for how the State programs assisted under 

this subpart, subpart 2 of this part, or part E would respond 

to a disaster, in accordance with criteria established by the 

Secretary which should include how a State would— 

(A) identify, locate, and continue availability of services 

for children under State care or supervision who are displaced or adversely affected by a disaster; 

(B) respond, as appropriate, to new child welfare cases 

in areas adversely affected by a disaster, and provide services in those cases; 

(C) remain in communication with caseworkers and 

other essential child welfare personnel who are displaced 

because of a disaster; 

(D) preserve essential program records; and 

(E) coordinate services and share information with other 

States; 

(17) not later than October 1, 2007, describe the State standards for the content and frequency of caseworker visits for children who are in foster care under the responsibility of the 

State, which, at a minimum, ensure that the children are visited on a monthly basis and that the caseworker visits are 

well-planned and focused on issues pertinent to case planning 

and service delivery to ensure the safety, permanency, and 

well-being of the children; 

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

undertaken to reduce the length of time children who have not 

attained 5 years of age are without a permanent family, and 

the activities the State undertakes to address the developmental needs of such children who receive benefits or services 

under this part or part E; and 

(19) contain a description of the sources used to compile information on child maltreatment deaths required by Federal 

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

(1), and to the extent that the compilation does not include information on such deaths from the State vital statistics department, child death review teams, law enforcement agencies, or 

offices of medical examiners or coroners, the State shall describe why the information is not so included and how the 

State will include the information. 

(c) DEFINITIONS.—In this subpart: 

(1) ADMINISTRATIVE COSTS.—The term ‘‘administrative costs’’ 

means costs for the following, but only to the extent incurred 

in administering the State plan developed pursuant to this 

subpart: procurement, payroll management, personnel functions (other than the portion of the salaries of supervisors atVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00076 Fmt 6659 Sfmt 6602 E:\HR\OC\HR628.XXX HR628

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tributable to time spent directly supervising the provision of 

services by caseworkers), management, maintenance and operation of space and property, data processing and computer 

services, accounting, budgeting, auditing, and travel expenses 

(except those related to the provision of services by caseworkers or the oversight of programs funded under this subpart). 

(2) OTHER TERMS.—For definitions of other terms used in 

this part, see section 475. 

* * * * * * * 

LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS

SEC. 425. To carry out this subpart (other than sections 426, 427, 

and 429), there are authorized to be appropriated to the Secretary 

not more than $325,000,000 for each of fiscal years 2012 through 

2016. 

* * * * * * * 

Subpart 2—Promoting Safe and Stable Families 

SEC. 430. PURPOSE. 

The purpose of this program is to enable States to develop and 

establish, or expand, and to operate coordinated programs of community-based family support services, family preservation services, 

time-limited family reunification services, and adoption promotion 

and support services to accomplish the following objectives: 

(1) To prevent child maltreatment among families at risk 

through the provision of supportive family services. 

(2) To assure children’s safety within the home and preserve 

intact families in which children have been maltreated, when 

the family’s problems can be addressed effectively. 

(3) To address the problems of families whose children have 

been placed in foster care so that reunification may occur in a 

safe and stable manner in accordance with the Adoption and 

Safe Families Act of 1997. 

(4) To support adoptive families by providing support services as necessary so that they can make a lifetime commitment 

to their children. 

SEC. 431. DEFINITIONS. 

(a) IN GENERAL.—As used in this subpart: 

(1) FAMILY PRESERVATION SERVICES.—The term ‘‘family preservation services’’ means services for children and families designed to help families (including adoptive and extended families) at risk or in crisis, including— 

(A) service programs designed to help children— 

(i) where safe and appropriate, return to families 

from which they have been removed; or 

(ii) be placed for adoption, with a legal guardian, or, 

if adoption or legal guardianship is determined not to 

be safe and appropriate for a child, in some other 

planned, permanent living arrangement; 

(B) preplacement preventive services programs, such as 

intensive family preservation programs, designed to help 


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78 

children at risk of foster care placement remain safely 

with their families; 

(C) service programs designed to provide followup care to 

families to whom a child has been returned after a foster 

care placement; 

(D) respite care of children to provide temporary relief 

for parents and other caregivers (including foster parents); 

(E) services designed to improve parenting skills (by reinforcing parents’ confidence in their strengths, and helping them to identify where improvement is needed and to 

obtain assistance in improving those skills) with respect to 

matters such as child development, family budgeting, coping with stress, health, and nutrition; and 

(F) infant safe haven programs to provide a way for a 

parent to safely relinquish a newborn infant at a safe 

haven designated pursuant to a State law. 

(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)). 

(3) STATE AGENCY.—The term ‘‘State agency’’ means the 

State agency responsible for administering the program under 

subpart 1. 

(4) STATE.—The term ‘‘State’’ includes an Indian tribe or 

tribal organization, in addition to the meaning given such term 

for purposes of subpart 1. 

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

given the term in section 428(c). 

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

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

(7) TIME-LIMITED FAMILY REUNIFICATION SERVICES.— 

(A) IN GENERAL.—The term ‘‘time-limited family reunification services’’ means the services and activities described 

in subparagraph (B) that are provided to a child that is removed from the child’s home and placed in a foster family 

home or a child care institution and to the parents or primary caregiver of such a child, in order to facilitate the reunification of the child safely and 

appropriately within a timely fashion, but only during the 

15-month period that begins on the date that the child, 


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pursuant to section 475(5)(F), is considered to have entered foster care. 

(B) SERVICES AND ACTIVITIES DESCRIBED.—The 

services and activities described in this subparagraph are 

the following: 

(i) Individual, group, and family counseling. 

(ii) Inpatient, residential, or outpatient substance 

abuse treatment services. 

(iii) Mental health services. 

(iv) Assistance to address domestic violence. 

(v) Services designed to provide temporary child care 

and therapeutic services for families, including crisis 

nurseries. 

(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. 

(viii) Transportation to or from any of the services 

and activities described in this subparagraph. 

(8) ADOPTION PROMOTION AND SUPPORT SERVICES.—The term 

‘‘adoption promotion and support services’’ means services and 

activities designed to encourage more adoptions out of the foster care system, when adoptions promote the best interests of 

children, including such activities as pre- and post-adoptive 

services and activities designed to expedite the adoption process and support adoptive families. 

(9) NON-FEDERAL FUNDS.—The term ‘‘non-Federal funds’’ 

means State funds, or at the option of a State, State and local 

funds. 

(b) OTHER TERMS.—For other definitions of other terms used in 

this subpart, see section 475. 

SEC. 432. STATE PLANS. 

(a) PLAN REQUIREMENTS.—A State plan meets the requirements 

of this subsection if the plan— 

(1) provides that the State agency shall administer, or supervise the administration of, the State program under this subpart; 

(2)(A)(i) sets forth the goals intended to be accomplished 

under the plan by the end of the 5th fiscal year in which the 

plan is in operation in the State, and (ii) is updated periodically to set forth the goals intended to be accomplished under 

the plan by the end of each 5th fiscal year thereafter; 

(B) describes the methods to be used in measuring progress 

toward accomplishment of the goals; 

(C) contains assurances that the State— 

(i) after the end of each of the 1st 4 fiscal years covered 

by a set of goals, will perform an interim review of 

progress toward accomplishment of the goals, and on the 

basis of the interim review will revise the statement of 

goals in the plan, if necessary, to reflect changed circumstances; and 

(ii) after the end of the last fiscal year covered by a set 

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view (I) will prepare, transmit to the Secretary, and make 

available to the public a final report on progress toward 

accomplishment of the goals, and (II) will develop (in consultation with the entities required to be consulted pursuant to subsection (b)) and add to the plan a statement of 

the goals intended to be accomplished by the end of the 

5th succeeding fiscal year; 

(3) provides for coordination, to the extent feasible and appropriate, of the provision of services under the plan and the 

provision of services or benefits under other Federal or federally assisted programs serving the same populations; 

(4) contains assurances that not more than 10 percent of expenditures under the plan for any fiscal year with respect to 

which the State is eligible for payment under section 434 for 

the fiscal year shall be for administrative costs, and that the 

remaining expenditures shall be for programs of family preservation services, community-based family support services, 

time-limited family reunification services, and adoption promotion and support services, with significant portions of such 

expenditures for each such program; 

(5) contains assurances that the State will— 

(A) annually prepare, furnish to the Secretary, and make 

available to the public a description (including separate descriptions with respect to family preservation services, 

community-based family support services, time-limited 

family reunification services, and adoption promotion and 

support services) of— 

(i) the service programs to be made available under 

the plan in the immediately succeeding fiscal year; 

(ii) the populations which the programs will serve; 

and 

(iii) the geographic areas in the State in which the 

services will be available; and 

(B) perform the activities described in subparagraph 

(A)— 

(i) in the case of the 1st fiscal year under the plan, 

at the time the State submits its initial plan; and 

(ii) in the case of each succeeding fiscal year, by the 

end of the 3rd quarter of the immediately preceding 

fiscal year; 

(6) provides for such methods of administration as the Secretary finds to be necessary for the proper and efficient operation of the plan; 

(7)(A) contains assurances that Federal funds provided to the 

State under this subpart will not be used to supplant Federal 

or non-Federal funds for existing services and activities which 

promote the purposes of this subpart; and 

(B) provides that the State will furnish reports to the Secretary, at such times, in such format, and containing such information as the Secretary may require, that demonstrate the 

State’s compliance with the prohibition contained in subparagraph (A); 

(8)(A) provides that the State agency will furnish such reports, containing such information, and participate in such 

evaluations, as the Secretary may require; and 


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(B) provides that, not later than June 30 of each year, the 

State will submit to the Secretary— 

(i) copies of form CFS–101 (including all parts and any 

successor forms) that report on planned child and family 

services expenditures by the agency for the immediately 

succeeding fiscal year; and 

(ii) copies of form CFS–101 (including all parts and any 

successor forms) that provide, with respect to the programs 

authorized under this subpart and subpart 1 and, at State 

option, other programs included on such forms, for the 

most recent preceding fiscal year for which reporting of actual expenditures is complete— 

(I) the numbers of families and of children served by 

the State agency; 

(II) the population served by the State agency; 

(III) the geographic areas served by the State agency; and 

(IV) the actual expenditures of funds provided to the 

State agency; 

(9) contains assurances that in administering and conducting 

service programs under the plan, the safety of the children to 

be served shall be of paramount concern; and 

(10) describes how the State identifies which populations are 

at the greatest risk of maltreatment and how services are targeted to the populations. 

(b) APPROVAL OF PLANS.— (1) IN GENERAL.—The Secretary shall approve a plan that 

meets the requirements of subsection (a) only if the plan was 

developed jointly by the Secretary and the State, after consultation by the State agency with appropriate public and nonprofit private agencies and community-based organizations 

with experience in administering programs of services for children and families (including family preservation, family support, time-limited family reunification, and adoption promotion 

and support services). 

(2) PLANS OF INDIAN TRIBES OR TRIBAL CONSORTIA.— (A) EXEMPTION FROM INAPPROPRIATE REQUIREMENTS.— The Secretary may exempt a plan submitted by an Indian 

tribe or tribal consortium from the requirements of subsection (a)(4) of this section to the extent that the Secretary determines those requirements would be inappropriate to apply to the Indian tribe or tribal consortium, 

taking into account the resources, needs, and other circumstances of the Indian tribe or tribal consortium. 

(B) SPECIAL RULE.—Notwithstanding subparagraph (A) 

of this paragraph, the Secretary may not approve a plan 

of an Indian tribe or tribal consortium under this subpart 

to which (but for this subparagraph) an allotment of less 

than $10,000 would be made under section 433(a) if allotments were made under section 433(a) to all Indian tribes 

and tribal consortia with plans approved under this subpart with the same or larger numbers of children. 

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

(1) IN GENERAL.—The Secretary shall compile the reports required under subsection (a)(8)(B) and, not later than SepVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00081 Fmt 6659 Sfmt 6602 E:\HR\OC\HR628.XXX HR628

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tember 30 of each year, submit such compilation to the Committee on Ways and Means of the House of Representatives 

and the Committee on Finance of the Senate. 

(2) INFORMATION TO BE INCLUDED.—The compilation shall include the individual State reports and tables that synthesize 

State information into national totals for each element required to be included in the reports, including planned and actual spending by service category for the program authorized 

under this subpart and planned spending by service category 

for the program authorized under subpart 1. 

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

each year, the Secretary shall publish the compilation on the 

website of the Department of Health and Human Services in 

a location easily accessible by the public. 

* * * * * * * 

SEC. 436. AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF 

CERTAIN AMOUNTS. 

(a) AUTHORIZATION.—In addition to any amount otherwise made 

available to carry out this subpart, there are authorized to be appropriated to carry out this subpart $345,000,000 for each of fiscal 

years 2012 through 2016. 

(b) RESERVATION OF CERTAIN AMOUNTS.—From the amount specified in subsection (a) for a fiscal year, the Secretary shall reserve 

amounts as follows: 

(1) EVALUATION, RESEARCH, TRAINING, AND TECHNICAL ASSISTANCE.—The Secretary shall reserve $6,000,000 for expenditure by the Secretary— 

(A) for research, training, and technical assistance costs 

related to the program under this subpart; and 

(B) for evaluation of State programs based on the plans 

approved under section 432 and funded under this subpart, and any other Federal, State, or local program, regardless of whether federally assisted, that is designed to 

achieve the same purposes as the State programs. 

(2) STATE COURT IMPROVEMENTS.—The Secretary shall reserve $30,000,000 for grants under section 438. 

(3) INDIAN TRIBES OR TRIBAL CONSORTIA.—After applying 

paragraphs (4) and (5) (but before applying paragraphs (1) or 

(2)), the Secretary shall reserve 3 percent for allotment to Indian tribes or tribal consortia in accordance with section 

433(a). 

(4) SUPPORT FOR MONTHLY CASEWORKER VISITS.— 

(A) RESERVATION.—The Secretary shall reserve for allotment in accordance with section 433(e) $20,000,000 for 

each of fiscal years 2012 through 2016. 

(B) USE OF FUNDS.— 

(i) IN GENERAL.—A State to which an amount is paid 

from amounts reserved under subparagraph (A) shall 

use the amount to improve the quality of monthly 

caseworker visits with children who are in foster care 

under the responsibility of the State, with an emphasis on improving caseworker decision making on the 

safety, permanency, and well-being of foster children 


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and on activities designed to increase retention, recruitment, and training of caseworkers. 

(ii) NONSUPPLANTATION.—A State to which an 

amount is paid from amounts reserved pursuant to 

subparagraph (A) shall not use the amount to supplant any Federal funds paid to the State under part 

E that could be used as described in clause (i). 

(5) REGIONAL PARTNERSHIP GRANTS.—The Secretary shall re- serve for awarding grants under section 437(f) $20,000,000 for 

each of fiscal years 2012 through 2016. 

SEC. 437. DISCRETIONARY AND TARGETED GRANTS. 

(a) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—In addition to any amount appropriated pursuant to section 436, there 

are authorized to be appropriated to carry out this section 

$200,000,000 for each of fiscal years 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 AS- SISTANCE.—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). 

(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 

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maining 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 

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 


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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.— (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; 


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(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. 

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. 


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(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. 

(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 


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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 

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. 

SEC. 438. ENTITLEMENT FUNDING FOR STATE COURTS TO ASSESS 

AND IMPROVE HANDLING OF PROCEEDINGS RELATING 

TO FOSTER CARE AND ADOPTION. 

(a) IN GENERAL.—The Secretary shall make grants, in accordance 

with this section, to the highest State courts in States participating 

in the program under part E, for the purpose of enabling such 

courts— 

(1) to conduct assessments, in accordance with such requirements as the Secretary shall publish, of the role, responsibilities, and effectiveness of State courts in carrying out State 

laws requiring proceedings (conducted by or under the supervision of the courts)— 

(A) that implement parts B and E; 

(B) that determine the advisability or appropriateness of 

foster care placement; 

(C) that determine whether to terminate parental rights; 

(D) that determine whether to approve the adoption or 

other permanent placement of a child; 

(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; 


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(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 

(2) to implement improvements the highest state courts 

deem necessary as a result of the assessments, including— 

(A) to provide for the safety, well-being, and permanence 

of children in foster care, as set forth in the Adoption and 

Safe Families Act of 1997 (Public Law 105–89), including 

the requirements in the Act related to concurrent planning; 

(B) to implement a corrective action plan, as necessary, 

resulting from reviews of child and family service programs under section 1123A of this Act; and 

(C) to increase and improve engagement of the entire 

family in court processes relating to child welfare, family 

preservation, family reunification, and adoption; 

(3) to ensure that the safety, permanence, and well-being 

needs of children are met in a timely and complete manner; 

and 

(4)(A) to provide for the training of judges, attorneys and 

other legal personnel in child welfare cases; and 

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

in court processes relating to child welfare, family preservation, family reunification, and adoption. 

(b) APPLICATIONS.— 

(1) IN GENERAL.—In order to be eligible to receive a grant 

under this section, a highest State court shall have in effect a 

rule requiring State courts to ensure that foster parents, preadoptive 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 shall submit to the Secretary an application at such time, in such form, 

and including such information and assurances as the Secretary may require, including— 

(A) in the case of a grant for the purpose described in 

subsection (a)(3), a description of how courts and child welfare agencies on the local and State levels will collaborate 

and jointly plan for the collection and sharing of all relevant data and information to demonstrate how improved 

case tracking and analysis of child abuse and neglect cases 

will produce safe and timely permanency decisions; 

(B) in the case of a grant for the purpose described in 

subsection (a)(4), a demonstration that a portion of the 

grant will be used for cross-training initiatives that are 

jointly planned and executed with the State agency or any 

other agency under contract with the State to administer 

the State program under the State plan under subpart 1, 

the State plan approved under section 434, or the State 

plan approved under part E; and 


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(C) in the case of a grant for any purpose described in 

subsection (a), a demonstration of meaningful and ongoing 

collaboration among the courts in the State, the State 

agency or any other agency under contract with the State 

who is responsible for administering the State program 

under part B or E, and, where applicable, Indian tribes. 

(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.— 

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

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

purposes for which an application of a highest State court is 

approved under this section, the court shall be entitled to payment, for each of fiscal years 2012 through 2016, from the 

amount allocated under paragraph (3) of this subsection for 

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

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

subsection with respect to the purpose or purposes. 

(2) AMOUNT DESCRIBED.—The amount described in this paragraph for any fiscal year with respect to the purpose or purposes referred to in a subparagraph of subsection (b)(2) is the 

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

allocated under paragraph (3) of this subsection for grants for 

the purpose or purposes as the number of individuals in the 

State who have not attained 21 years of age bears to the total 

number of such individuals in all States the highest State 

courts of which have approved applications under this section 

for grants for the purpose or purposes. 

(3) ALLOCATION OF FUNDS.— 

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

section 436(b)(2) for any fiscal year, the Secretary shall allocate— 

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

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

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

in subsection (a)(3); 

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

in subsection (a)(4); and 

(iv) $1,000,000 for grants to be awarded on a competitive basis among the highest courts of Indian 

tribes or tribal consortia that— 

(I) are operating a program under part E, in accordance with section 479B; 


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(II) are seeking to operate a program under part 

E and have received an implementation grant 

under section 476; or 

(III) has a court responsible for proceedings related to foster care or adoption. 

(B) DISCRETIONARY FUNDS.—The Secretary shall allocate 

all of the amounts reserved under section 437(b)(2) for 

grants for the purposes described in paragraphs (1) and (2) 

of subsection (a). 

(d) FEDERAL SHARE.—Each highest State court which receives 

funds paid under this section may use such funds to pay not more 

than 75 percent of the cost of activities under this section in each 

of fiscal years 2012 through 2016. 

(e) FUNDING FOR GRANTS FOR IMPROVED DATA COLLECTION AND

TRAINING.—Out of any money in the Treasury of the United States 

not otherwise appropriated, there are appropriated to the Secretary, for each of fiscal years 2006 through 2010— 

(1) $10,000,000 for grants referred to in subsection (b)(2)(B); 

and 

(2) $10,000,000 for grants referred to in subsection (b)(2)(C). 

For fiscal year 2011, out of the amount reserved pursuant to section 436(b)(2) for such fiscal year, there are available $10,000,000 

for grants referred to in subsection (b)(2)(B), and $10,000,000 for 

grants referred to in subsection (b)(2)(C). 

* * * * * * * 

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.— 


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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. 

* * * * * * * 

PART E—FEDERAL PAYMENTS FOR FOSTER CARE AND ADOPTION

ASSISTANCE

PURPOSE: APPROPRIATION

SEC. 470. For the purpose of enabling each State to provide, in 

appropriate cases, foster care and transitional independent living 

programs for children who otherwise would have been eligible for 

assistance under the State’s plan approved under part A (as such 

plan was in effect on June 1, 1995) and adoption assistance for 

children with special needs, there are authorized to be appropriated for each fiscal year (commencing with the fiscal year which 

begins October 1, 1980) such sums as may be necessary to carry 

out the provisions of this part. The sums made available under this 

section shall be used for making payments to States which have 

submitted, and had approved by the Secretary, State plans under 

this part. 

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 


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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 

under circumstances which indicate that the child’s health 

or welfare is threatened thereby; 


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(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, 

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 deciVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00094 Fmt 6659 Sfmt 6602 E:\HR\OC\HR628.XXX HR628

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sions 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 

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

the child’s home; 


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(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 

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); 


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(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 

committed within the past 5 years, such final approval 

shall not be granted; and 

(B) provides that the State shall— 


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(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 

for services under such other program, any such child shall 

be deemed to be receiving aid or assistance under the 


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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) 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 


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(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 

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 


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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 

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 


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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 

Bureau of Investigation, established pursuant to section 

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

Center for Missing and Exploited Children. 


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(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 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)). 

FOSTER CARE MAINTENANCE PAYMENTS PROGRAM

SEC. 472. (a) IN GENERAL.— 

(1) ELIGIBILITY.—Each State with a plan approved under 

this part shall make foster care maintenance payments on behalf of each child who has been removed from the home of a 

relative specified in section 406(a) (as in effect on July 16, 

1996) into foster care if— 

(A) the removal and foster care placement met, and the 

placement continues to meet, the requirements of paragraph (2); and 

(B) the child, while in the home, would have met the 

AFDC eligibility requirement of paragraph (3). 

(2) REMOVAL AND FOSTER CARE PLACEMENT REQUIREMENTS.— 

The removal and foster care placement of a child meet the requirements of this paragraph if— 

(A) the removal and foster care placement are in accordance with— 

(i) a voluntary placement agreement entered into by 

a parent or legal guardian of the child who is the relative referred to in paragraph (1); or 

(ii) a judicial determination to the effect that continuation in the home from which removed would be 

contrary to the welfare of the child and that reasonable efforts of the type described in section 471(a)(15) 

for a child have been made; 

(B) the child’s placement and care are the responsibility 

of— 

(i) the State agency administering the State plan approved under section 471; 

(ii) any other public agency with which the State 

agency administering or supervising the administration of the State plan has made an agreement which 

is in effect; or 

(iii) an Indian tribe or a tribal organization (as defined in section 479B(a)) or a tribal consortium that 


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has a plan approved under section 471 in accordance 

with section 479B; and 

(C) the child has been placed in a foster family home or 

child-care institution. 

(3) AFDC ELIGIBILITY REQUIREMENT.— (A) IN GENERAL.—A child in the home referred to in 

paragraph (1) would have met the AFDC eligibility requirement of this paragraph if the child— 

(i) would have received aid under the State plan approved under section 402 (as in effect on July 16, 

1996) in the home, in or for the month in which the 

agreement was entered into or court proceedings leading to the determination referred to in paragraph 

(2)(A)(ii) of this subsection were initiated; or 

(ii)(I) would have received the aid in the home, in or 

for the month referred to in clause (i), if application 

had been made therefor; or 

(II) had been living in the home within 6 months before the month in which the agreement was entered 

into or the proceedings were initiated, and would have 

received the aid in or for such month, if, in such 

month, the child had been living in the home with the 

relative referred to in paragraph (1) and application 

for the aid had been made. 

(B) RESOURCES DETERMINATION.—For purposes of subparagraph (A), in determining whether a child would have 

received aid under a State plan approved under section 

402 (as in effect on July 16, 1996), a child whose resources 

(determined pursuant to section 402(a)(7)(B), as so in effect) have a combined value of not more than $10,000 shall 

be considered a child whose resources have a combined 

value of not more than $1,000 (or such lower amount as 

the State may determine for purposes of section 

402(a)(7)(B)). 

(4) ELIGIBILITY OF CERTAIN ALIEN CHILDREN.—Subject to title 

IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, if the child is an alien disqualified 

under section 245A(h) or 210(f) of the Immigration and Nationality Act from receiving aid under the State plan approved 

under section 402 in or for the month in which the agreement 

described in paragraph (2)(A)(i) was entered into or court proceedings leading to the determination described in paragraph 

(2)(A)(ii) were initiated, the child shall be considered to satisfy 

the requirements of paragraph (3), with respect to the month, 

if the child would have satisfied the requirements but for the 

disqualification. 

(b) Foster care maintenance payments may be made under this 

part only on behalf of a child described in subsection (a) of this section who is— 

(1) in the foster family home of an individual, whether the 

payments therefor are made to such individual or to a public 

or private child-placement or child-care agency, or 

(2) in a child-care institution, whether the payments therefor 

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ited so as to include in such payments only those items which 

are included in the term ‘‘foster care maintenance payments’’ 

(as defined in section 475(4)). 

(c) For the purposes of this part, (1) the term ‘‘foster family 

home’’ means a foster family home for children which is licensed 

by the State in which it is situated or has been approved, by the 

agency of such State having responsibility for licensing homes of 

this type, as meeting the standards established for such licensing; 

and (2) the term ‘‘child-care institution’’ means a private child-care 

institution, or a public child-care institution which accommodates 

no more than twenty-five children, which is licensed by the State 

in which it is situated or has been approved, by the agency of such 

State responsible for licensing or approval of institutions of this 

type, as meeting the standards established for such licensing, except, in the case of a child who has attained 18 years of age, the 

term shall include a supervised setting in which the individual is 

living independently, in accordance with such conditions as the 

Secretary shall establish in regulations, but the term shall not include detention facilities, forestry camps, training schools, or any 

other facility operated primarily for the detention of children who 

are determined to be delinquent. 

(d) Notwithstanding any other provision of this title, Federal 

payments may be made under this part with respect to amounts 

expended by any State as foster care maintenance payments under 

this section, in the case of children removed from their homes pursuant to voluntary placement agreements as described in subsection (a), only if (at the time such amounts were expended) the 

State has fulfilled all of the requirements of section 422(b)(8). 

(e) No Federal payment may be made under this part with respect to amounts expended by any State as foster care maintenance 

payments under this section, in the case of any child who was removed from his or her home pursuant to a voluntary placement 

agreement as described in subsection (a) and has remained in voluntary placement for a period in excess of 180 days, unless there 

has been a judicial determination by a court of competent jurisdiction (within the first 180 days of such placement) to the effect that 

such placement is in the best interests of the child. 

(f) For the purposes of this part and part B of this title, (1) the 

term ‘‘voluntary placement’’ means an out-of-home placement of a 

minor, by or with participation of a State agency, after the parents 

or guardians of the minor have requested the assistance of the 

agency and signed a voluntary placement agreement; and (2) the 

term ‘‘voluntary placement agreement’’ means a written agreement, 

binding on the parties to the agreement, between the State agency, 

any other agency acting on its behalf, and the parents or guardians 

of a minor child which specifies, at a minimum, the legal status of 

the child and the rights and obligations of the parents or guardians, the child, and the agency while the child is in placement. 

(g) In any case where— 

(1) the placement of a minor child in foster care occurred 

pursuant to a voluntary placement agreement entered into by 

the parents or guardians of such child as provided in subsection (a), and 


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(2) such parents or guardians request (in such manner and 

form as the Secretary may prescribe) that the child be returned to their home or to the home of a relative, 

the voluntary placement agreement shall be deemed to be revoked 

unless the State agency opposes such request and obtains a judicial 

determination, by a court of competent jurisdiction, that the return 

of the child to such home would be contrary to the child’s best interests. 

(h)(1) For purposes of title XIX, any child with respect to whom 

foster care maintenance payments are made under this section is 

deemed to be a dependent child as defined in section 406 (as in effect as of July 16, 1996) and deemed to be a recipient of aid to families with dependent children under part A of this title (as so in effect). For purposes of subtitle 1 of title XX, any child with respect 

to whom foster care maintenance payments are made under this 

section is deemed to be a minor child in a needy family under a 

State program funded under part A of this title and is deemed to 

be a recipient of assistance under such part. 

(2) For purposes of paragraph (1), a child whose costs in a foster 

family home or child care institution are covered by the foster care 

maintenance payments being made with respect to the child’s 

minor parent, as provided in section 475(4)(B), shall be considered 

a child with respect to whom foster care maintenance payments are 

made under this section. 

(i) ADMINISTRATIVE COSTS ASSOCIATED WITH OTHERWISE ELIGIBLE CHILDREN NOT IN LICENSED FOSTER CARE SETTINGS.—Expenditures by a State that would be considered administrative expenditures for purposes of section 474(a)(3) if made with respect to a 

child who was residing in a foster family home or child-care institution shall be so considered with respect to a child not residing in 

such a home or institution— 

(1) in the case of a child who has been removed in accordance with subsection (a) of this section from the home of a relative specified in section 406(a) (as in effect on July 16, 1996), 

only for expenditures— 

(A) with respect to a period of not more than the lesser 

of 12 months or the average length of time it takes for the 

State to license or approve a home as a foster home, in 

which the child is in the home of a relative and an application is pending for licensing or approval of the home as a 

foster family home; or 

(B) with respect to a period of not more than 1 calendar 

month when a child moves from a facility not eligible for 

payments under this part into a foster family home or 

child care institution licensed or approved by the State; 

and 

(2) in the case of any other child who is potentially eligible 

for benefits under a State plan approved under this part and 

at imminent risk of removal from the home, only if— 

(A) reasonable efforts are being made in accordance with 

section 471(a)(15) to prevent the need for, or if necessary 

to pursue, removal of the child from the home; and 

(B) the State agency has made, not less often than every 

6 months, a determination (or redetermination) as to 


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whether the child remains at imminent risk of removal 

from the home. 

ADOPTION AND GUARDIANSHIP ASSISTANCE PROGRAM

SEC. 473. (a)(1)(A) Each State having a plan approved under this 

part shall enter into adoption assistance agreements (as defined in 

section 475(3)) with the adoptive parents of children with special 

needs. 

(B) Under any adoption assistance agreement entered into by a 

State with parents who adopt a child with special needs, the 

State— 

(i) shall make payments of nonrecurring adoption expenses 

incurred by or on behalf of such parents in connection with the 

adoption of such child, directly through the State agency or 

through another public or nonprofit private agency, in amounts 

determined under paragraph (3), and 

(ii) in any case where the child meets the requirements of 

paragraph (2), may make adoption assistance payments to 

such parents, directly through the State agency or through another public or nonprofit private agency, in amounts so determined. 

(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if— 

(i) in the case of a child who is not an applicable child for 

the fiscal year (as defined in subsection (e)), the child— 

(I)(aa)(AA) was removed from the home of a relative 

specified in section 406(a) (as in effect on July 16, 1996) 

and placed in foster care in accordance with a voluntary 

placement agreement with respect to which Federal payments are provided under section 474 (or section 403, as 

such section was in effect on July 16, 1996), or in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of 

the child; and 

(BB) met the requirements of section 472(a)(3) with respect to the home referred to in subitem (AA) of this item; 

(bb) meets all of the requirements of title XVI with respect to eligibility for supplemental security income benefits; or 

(cc) is a child whose costs in a foster family home or 

child-care institution are covered by the foster care maintenance payments being made with respect to the minor 

parent of the child as provided in section 475(4)(B); and 

(II) has been determined by the State, pursuant to subsection (c)(1) of this section, to be a child with special 

needs; or 

(ii) in the case of a child who is an applicable child for the 

fiscal year (as so defined), the child— 

(I)(aa) at the time of initiation of adoption proceedings 

was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to— 

(AA) an involuntary removal of the child from the 

home in accordance with a judicial determination to 

the effect that continuation in the home would be contrary to the welfare of the child; or 


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108 

(BB) a voluntary placement agreement or voluntary 

relinquishment; 

(bb) meets all medical or disability requirements of title 

XVI with respect to eligibility for supplemental security income benefits; or 

(cc) was residing in a foster family home or child care institution with the child’s minor parent, and the child’s 

minor parent was in such foster family home or child care 

institution pursuant to— 

(AA) an involuntary removal of the child from the 

home in accordance with a judicial determination to 

the effect that continuation in the home would be contrary to the welfare of the child; or 

(BB) a voluntary placement agreement or voluntary 

relinquishment; and 

(II) has been determined by the State, pursuant to subsection (c)(2), to be a child with special needs. 

(B) Section 472(a)(4) shall apply for purposes of subparagraph (A) 

of this paragraph, in any case in which the child is an alien described in such section. 

(C) A child shall be treated as meeting the requirements of this 

paragraph for the purpose of paragraph (1)(B)(ii) if— 

(i) in the case of a child who is not an applicable child for 

the fiscal year (as defined in subsection (e)), the child— 

(I) meets the requirements of subparagraph (A)(i)(II); 

(II) was determined eligible for adoption assistance payments under this part with respect to a prior adoption; 

(III) is available for adoption because— 

(aa) the prior adoption has been dissolved, and the 

parental rights of the adoptive parents have been terminated; or 

(bb) the child’s adoptive parents have died; and 

(IV) fails to meet the requirements of subparagraph 

(A)(i) but would meet such requirements if— 

(aa) the child were treated as if the child were in 

the same financial and other circumstances the child 

was in the last time the child was determined eligible 

for adoption assistance payments under this part; and 

(bb) the prior adoption were treated as never having 

occurred; or 

(ii) in the case of a child who is an applicable child for the 

fiscal year (as so defined), the child meets the requirements of 

subparagraph (A)(ii)(II), is determined eligible for adoption assistance payments under this part with respect to a prior adoption (or who would have been determined eligible for such payments had the Adoption and Safe Families Act of 1997 been in 

effect at the time that such determination would have been 

made), and is available for adoption because the prior adoption 

has been dissolved and the parental rights of the adoptive parents have been terminated or because the child’s adoptive parents have died. 

(D) In determining the eligibility for adoption assistance payments of a child in a legal guardianship arrangement described 

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ance payments made on behalf of the child shall be considered 

never to have been made. 

(3) The amount of the payments to be made in any case under 

clauses (i) and (ii) of paragraph (1)(B) shall be determined through 

agreement between the adoptive parents and the State or local 

agency administering the program under this section, which shall 

take into consideration the circumstances of the adopting parents 

and the needs of the child being adopted, and may be readjusted 

periodically, with the concurrence of the adopting parents (which 

may be specified in the adoption assistance agreement), depending 

upon changes in such circumstances. However, in no case may the 

amount of the adoption assistance payment made under clause (ii) 

of paragraph (1)(B) exceed the foster care maintenance payment 

which would have been paid during the period if the child with respect to whom the adoption assistance payment is made had been 

in a foster family home. 

(4)(A) Notwithstanding any other provision of this section, a payment may not be made pursuant to this section to parents or relative guardians with respect to a child— 

(i) who has attained— 

(I) 18 years of age, or such greater age as the State may 

elect under section 475(8)(B)(iii); or 

(II) 21 years of age, if the State determines that the 

child has a mental or physical handicap which warrants 

the continuation of assistance; 

(ii) who has not attained 18 years of age, if the State determines that the parents or relative guardians, as the case may 

be, are no longer legally responsible for the support of the 

child; or 

(iii) if the State determines that the child is no longer receiving any support from the parents or relative guardians, as the 

case may be. 

(B) Parents or relative guardians who have been receiving adoption assistance payments or kinship guardianship assistance payments under this section shall keep the State or local agency administering the program under this section informed of circumstances which would, pursuant to this subsection, make them 

ineligible for the payments, or eligible for the payments in a different amount. 

(5) For purposes of this part, individuals with whom a child (who 

has been determined by the State, pursuant to subsection (c), to be 

a child with special needs) is placed for adoption in accordance 

with applicable State and local law shall be eligible for such payments, during the period of the placement, on the same terms and 

subject to the same conditions as if such individuals had adopted 

such child. 

(6)(A) For purposes of paragraph (1)(B)(i), the term ‘‘nonrecurring 

adoption expenses’’ means reasonable and necessary adoption fees, 

court costs, attorney fees, and other expenses which are directly related to the legal adoption of a child with special needs and which 

are not incurred in violation of State or Federal law. 

(B) A State’s payment of nonrecurring adoption expenses under 

an adoption assistance agreement shall be treated as an expenditure made for the proper and efficient administration of the State 

plan for purposes of section 474(a)(3)(E). 


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(7)(A) Notwithstanding any other provision of this subsection, no 

payment may be made to parents with respect to any applicable 

child for a fiscal year that— 

(i) would be considered a child with special needs under subsection (c)(2); 

(ii) is not a citizen or resident of the United States; and 

(iii) was adopted outside of the United States or was brought 

into the United States for the purpose of being adopted. 

(B) Subparagraph (A) shall not be construed as prohibiting payments under this part for an applicable child described in subparagraph (A) that is placed in foster care subsequent to the failure, as 

determined by the State, of the initial adoption of the child by the 

parents described in subparagraph (A). 

(8)(A) A State shall calculate the savings (if any) resulting from 

the application of paragraph (2)(A)(ii) to all applicable children for 

a fiscal year, using a methodology specified by the Secretary or an 

alternate methodology proposed by the State and approved by the 

Secretary. 

(B) A State shall annually report to the Secretary— 

(i) the methodology used to make the calculation described in 

subparagraph (A), without regard to whether any savings are 

found; 

(ii) the amount of any savings referred to in subparagraph 

(A); and 

(iii) how any such savings are spent, accounting for and reporting the spending separately from any other spending reported to the Secretary under part B or this part. 

(C) The Secretary shall make all information reported pursuant 

to subparagraph (B) available on the website of the Department of 

Health and Human Services in a location easily accessible to the 

public. 

(D)(i) A State shall spend an amount equal to the amount of the 

savings (if any) in State expenditures under this part resulting 

from the application of paragraph (2)(A)(ii) to all applicable children for a fiscal year, to provide to children of families any service 

that may be provided under part B or this part. A State shall 

spend not less than 30 percent of any such savings on post-adoption services, post-guardianship services, and services to support 

and sustain positive permanent outcomes for children who otherwise might enter into foster care under the responsibility of the 

State, with at least 2⁄3 of the spending by the State to comply with 

such 30 percent requirement being spent on post-adoption and 

post-guardianship services. 

(ii) Any State spending required under clause (i) shall be used to 

supplement, and not supplant, any Federal or non-Federal funds 

used to provide any service under part B or this part. 

(b)(1) For purposes of title XIX, any child who is described in 

paragraph (3) is deemed to be a dependent child as defined in section 406 (as in effect as of July 16, 1996) and deemed to be a recipient of aid to families with dependent children under part A of this 

title (as so in effect) in the State where such child resides. 

(2) For purposes of subtitle 1 of title XX, any child who is described in paragraph (3) is deemed to be a minor child in a needy 

family under a State program funded under part A of this title and 

deemed to be a recipient of assistance under such part. 


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(3) A child described in this paragraph is any child— 

(A)(i) who is a child described in subsection (a)(2), and 

(ii) with respect to whom an adoption assistance agreement 

is in effect under this section (whether or not adoption assistance payments are provided under the agreement or are being 

made under this section), including any such child who has 

been placed for adoption in accordance with applicable State 

and local law (whether or not an interlocutory or other judicial 

decree of adoption has been issued), 

(B) with respect to whom foster care maintenance payments 

are being made under section 472, or 

(C) with respect to whom kinship guardianship assistance 

payments are being made pursuant to subsection (d). 

(4) For purposes of paragraphs (1) and (2), a child whose costs 

in a foster family home or child-care institution are covered by the 

foster care maintenance payments being made with respect to the 

child’s minor parent, as provided in section 475(4)(B), shall be considered a child with respect to whom foster care maintenance payments are being made under section 472. 

(c) For purposes of this section— 

(1) in the case of a child who is not an applicable child for 

a fiscal year, the child shall not be considered a child with special needs unless— 

(A) the State has determined that the child cannot or 

should not be returned to the home of his parents; and 

(B) the State had first determined (A) that there exists 

with respect to the child a specific factor or condition (such 

as his ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental, or emotional handicaps) 

because of which it is reasonable to conclude that such 

child cannot be placed with adoptive parents without providing adoption assistance under this section or medical 

assistance under title XIX, and (B) that, except where it 

would be against the best interests of the child because of 

such factors as the existence of significant emotional ties 

with prospective adoptive parents while in the care of such 

parents as a foster child, a reasonable, but unsuccessful, 

effort has been made to place the child with appropriate 

adoptive parents without providing adoption assistance 

under this section or medical assistance under title XIX; or 

(2) in the case of a child who is an applicable child for a fiscal year, the child shall not be considered a child with special 

needs unless— 

(A) the State has determined, pursuant to a criterion or 

criteria established by the State, that the child cannot or 

should not be returned to the home of his parents; 

(B)(i) the State has determined that there exists with respect to the child a specific factor or condition (such as ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that the child 

cannot be placed with adoptive parents without providing 


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adoption assistance under this section and medical assistance under title XIX; or 

(ii) the child meets all medical or disability requirements 

of title XVI with respect to eligibility for supplemental security income benefits; and 

(C) the State has determined that, except where it would 

be against the best interests of the child because of such 

factors as the existence of significant emotional ties with 

prospective adoptive parents while in the care of the parents as a foster child, a reasonable, but unsuccessful, effort 

has been made to place the child with appropriate adoptive 

parents without providing adoption assistance under this 

section or medical assistance under title XIX. 

(d) KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR CHILDREN.— 

(1) KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT.— 

(A) IN GENERAL.—In order to receive payments under 

section 474(a)(5), a State shall— 

(i) negotiate and enter into a written, binding kinship guardianship assistance agreement with the prospective relative guardian of a child who meets the requirements of this paragraph; and 

(ii) provide the prospective relative guardian with a 

copy of the agreement. 

(B) MINIMUM REQUIREMENTS.—The agreement shall 

specify, at a minimum— 

(i) the amount of, and manner in which, each kinship guardianship assistance payment will be provided 

under the agreement, and the manner in which the 

payment may be adjusted periodically, in consultation 

with the relative guardian, based on the circumstances 

of the relative guardian and the needs of the child; 

(ii) the additional services and assistance that the 

child and relative guardian will be eligible for under 

the agreement; 

(iii) the procedure by which the relative guardian 

may apply for additional services as needed; and 

(iv) subject to subparagraph (D), that the State will 

pay the total cost of nonrecurring expenses associated 

with obtaining legal guardianship of the child, to the 

extent the total cost does not exceed $2,000. 

(C) INTERSTATE APPLICABILITY.—The agreement shall 

provide that the agreement shall remain in effect without 

regard to the State residency of the relative guardian. 

(D) NO EFFECT ON FEDERAL REIMBURSEMENT.—Nothing 

in subparagraph (B)(iv) shall be construed as affecting the 

ability of the State to obtain reimbursement from the Federal Government for costs described in that subparagraph. 

(2) LIMITATIONS ON AMOUNT OF KINSHIP GUARDIANSHIP AS- SISTANCE PAYMENT.—A kinship guardianship assistance payment on behalf of a child shall not exceed the foster care maintenance payment which would have been paid on behalf of the 

child if the child had remained in a foster family home. 

(3) CHILD’S ELIGIBILITY FOR A KINSHIP GUARDIANSHIP ASSISTANCE PAYMENT.— 


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(A) IN GENERAL.—A child is eligible for a kinship guardianship assistance payment under this subsection if the 

State agency determines the following: 

(i) The child has been— 

(I) removed from his or her home pursuant to a 

voluntary placement agreement or as a result of a 

judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; and 

(II) eligible for foster care maintenance payments under section 472 while residing for at 

least 6 consecutive months in the home of the prospective relative guardian. 

(ii) Being returned home or adopted are not appropriate permanency options for the child. 

(iii) The child demonstrates a strong attachment to 

the prospective relative guardian and the relative 

guardian has a strong commitment to caring permanently for the child. 

(iv) With respect to a child who has attained 14 

years of age, the child has been consulted regarding 

the kinship guardianship arrangement. 

(B) TREATMENT OF SIBLINGS.—With respect to a child described in subparagraph (A) whose sibling or siblings are 

not so described— 

(i) the child and any sibling of the child may be 

placed in the same kinship guardianship arrangement, 

in accordance with section 471(a)(31), if the State 

agency and the relative agree on the appropriateness 

of the arrangement for the siblings; and 

(ii) kinship guardianship assistance payments may 

be paid on behalf of each sibling so placed. 

(C) ELIGIBILITY NOT AFFECTED BY REPLACEMENT OF

GUARDIAN WITH A SUCCESSOR GUARDIAN.—In the event of 

the death or incapacity of the relative guardian, the eligibility of a child for a kinship guardianship assistance payment under this subsection shall not be affected by reason 

of the replacement of the relative guardian with a successor legal guardian named in the kinship guardianship 

assistance agreement referred to in paragraph (1) (including in any amendment to the agreement), notwithstanding 

subparagraph (A) of this paragraph and section 471(a)(28). 

(e) APPLICABLE CHILD DEFINED.— 

(1) ON THE BASIS OF AGE.— 

(A) IN GENERAL.—Subject to paragraphs (2) and (3), in 

this section, the term ‘‘applicable child’’ means a child for 

whom an adoption assistance agreement is entered into 

under this section during any fiscal year described in subparagraph (B) if the child attained the applicable age for 

that fiscal year before the end of that fiscal year. 

(B) APPLICABLE AGE.—For purposes of subparagraph (A), 

the applicable age for a fiscal year is as follows: 


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In the case of fiscal year: The applicable age is: 

2010 ................................................................................................. 16

2011 ................................................................................................. 14

2012 ................................................................................................. 12

2013 ................................................................................................. 10

2014 ................................................................................................. 8

2015 ................................................................................................. 6

2016 ................................................................................................. 4

2017 ................................................................................................. 2

2018 or thereafter ........................................................................... any age. 

(2) EXCEPTION FOR DURATION IN CARE.—Notwithstanding 

paragraph (1) of this subsection, beginning with fiscal year 

2010, such term shall include a child of any age on the date 

on which an adoption assistance agreement is entered into on 

behalf of the child under this section if the child— 

(A) has been in foster care under the responsibility of 

the State for at least 60 consecutive months; and 

(B) meets the requirements of subsection (a)(2)(A)(ii). 

(3) EXCEPTION FOR MEMBER OF A SIBLING GROUP.—Notwithstanding paragraphs (1) and (2) of this subsection, beginning 

with fiscal year 2010, such term shall include a child of any 

age on the date on which an adoption assistance agreement is 

entered into on behalf of the child under this section without 

regard to whether the child is described in paragraph (2)(A) of 

this subsection if the child— 

(A) is a sibling of a child who is an applicable child for 

the fiscal year under paragraph (1) or (2) of this subsection; 

(B) is to be placed in the same adoption placement as an 

applicable child for the fiscal year who is their sibling; and 

(C) meets the requirements of subsection (a)(2)(A)(ii). 

SEC. 473A. ADOPTION AND LEGAL GUARDIANSHIP INCENTIVE PAYMENTS. 

(a) GRANT AUTHORITY.—Subject to the availability of such 

amounts as may be provided in advance in appropriations Acts for 

this purpose, the Secretary shall make a grant to each State that 

is an incentive-eligible State for a fiscal year in an amount equal 

to the adoption and legal guardianship incentive payment payable 

to the State under this section for the fiscal year, which shall be 

payable in the immediately succeeding fiscal year. 

(b) INCENTIVE-ELIGIBLE STATE.—A State is an 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; 

(3) the State provides health insurance coverage to any child 

with special needs (as determined under section 473(c)) for 

whom there is in effect an adoption assistance agreement between a State and an adoptive parent or parents; and 

(4) the fiscal year is any of fiscal years 2013 through 2015. 

(c) DATA REQUIREMENTS.— 


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(1) IN GENERAL.—A State is in compliance with this 

subsection for a fiscal year if the State has provided to the Secretary the data described in paragraph (2)— 

(A) for fiscal years 1995 through 1997 (or, if the first fiscal year for which the State seeks a grant under this section is after fiscal year 1998, the fiscal year that 

precedes such first fiscal year); and 

(B) for each succeeding fiscal year that precedes the fiscal year. 

(2) DETERMINATION OF RATES OF ADOPTIONS AND

GUARDIANSHIPS BASED ON AFCARS DATA.—The Secretary shall 

determine each of the rates required to be determined under 

this section with respect to a State and a fiscal year, on the 

basis of data meeting the requirements of the system established pursuant to section 479, as reported by the State and 

approved by the Secretary by August 1 of the succeeding fiscal 

year, and, with respect to the determination of the rates related to foster child guardianships, on the basis of information 

reported to the Secretary under paragraph (12) of subsection 

(g). 

(3) NO WAIVER OF AFCARS REQUIREMENTS.—This section shall 

not be construed to alter or affect any requirement of section 

479 or of any regulation prescribed under such section with respect to reporting of data by States, or to waive any penalty 

for failure to comply with such a requirement. 

(d) ADOPTION AND LEGAL GUARDIANSHIP INCENTIVE PAYMENT.— (1) IN GENERAL.—Except as provided in paragraphs (2) and 

(3), the adoption and legal guardianship incentive payment 

payable to a State for a fiscal year under this section shall be 

equal to the sum of— (A) $5,000, multiplied by the amount (if any) by which— 

(i) the number of foster child adoptions in the State 

during the fiscal year; exceeds 

(ii) the product (rounded to the nearest whole number) of— 

(I) the base rate of foster child adoptions for the 

State for the fiscal year; and 

(II) the number of children in foster care under 

the supervision of the State on the last day of the 

preceding fiscal year; 

(B) $7,500, multiplied by the amount (if any) by which— 

(i) the number of pre-adolescent child adoptions and 

pre-adolescent foster child guardianships in the State 

during the fiscal year; exceeds 

(ii) the product (rounded to the nearest whole number) of— 

(I) the base rate of pre-adolescent child adoptions and pre-adolescent foster child 

guardianships for the State for the fiscal year; and 

(II) the number of children in foster care under 

the supervision of the State on the last day of the 

preceding fiscal year who have attained 9 years of 

age but not 14 years of age; and 

(C) $10,000, multiplied by the amount (if any) by 

which— 


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116 

(i) the number of older child adoptions and older foster child guardianships in the State during the fiscal 

year; exceeds 

(ii) the product (rounded to the nearest whole number) of— 

(I) the base rate of older child adoptions and 

older foster child guardianships for the State for 

the fiscal year; and 

(II) the number of children in foster care under 

the supervision of the State on the last day of the 

preceding fiscal year who have attained 14 years 

of age; and (D) $4,000, multiplied by the amount (if any) by which— 

(i) the number of foster child guardianships in the 

State during the fiscal year; exceeds 

(ii) the product (rounded to the nearest whole number) of— 

(I) the base rate of foster child guardianships for 

the State for the fiscal year; and 

(II) the number of children in foster care under 

the supervision of the State on the last day of the 

preceding fiscal year. 

(2) PRO RATA ADJUSTMENT IF INSUFFICIENT FUNDS AVAIL- ABLE.—For any fiscal year, if the total amount of adoption incentive payments otherwise payable under paragraph (1) for a 

fiscal year exceeds the amount appropriated pursuant to subsection (h) for the fiscal year, the amount of the adoption incentive payment payable to each State under paragraph (1) for 

the fiscal year shall be— 

(A) the amount of the adoption and legal guardianship 

incentive payment that would otherwise be payable to the 

State under paragraph (1) for the fiscal year; multiplied by 

(B) the percentage represented by the amount so appropriated for the fiscal year, divided by the total amount of 

adoption and legal guardianship incentive payments otherwise payable under paragraph (1) for the fiscal year. 

(3) INCREASED ADOPTION AND LEGAL GUARDIANSHIP INCEN- TIVE PAYMENT FOR TIMELY ADOPTIONS.— (A) IN GENERAL.—If for any of fiscal years 2013 through 

2015, the total amount of adoption and legal guardianship 

incentive payments payable under paragraph (1) of this 

subsection are less than the amount appropriated under 

subsection (h) for the fiscal year, then, from the remainder 

of the amount appropriated for the fiscal year that is not 

required for such payments (in this paragraph referred to 

as the ‘‘timely adoption award pool’’), the Secretary shall 

increase the adoption incentive payment determined under 

paragraph (1) for each State that the Secretary determines 

is a timely adoption award State for the fiscal year by the 

award amount determined for the fiscal year under subparagraph (C). 

(B) TIMELY ADOPTION AWARD STATE DEFINED.—A State is 

a timely adoption award State for a fiscal year if the Secretary determines that, for children who were in foster 

care under the supervision of the State at the time of 


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adoptive placement, the average number of months from 

removal of children from their home to the placement of 

children in finalized adoptions is less than 24 months. 

(C) AWARD AMOUNT.—For purposes of subparagraph (A), 

the award amount determined under this subparagraph 

with respect to a fiscal year is the amount equal to the 

timely adoption award pool for the fiscal year divided by 

the number of timely adoption award States for the fiscal 

year. 

(e) 36-MONTH AVAILABILITY OF INCENTIVE PAYMENTS.—Payments 

to a State under this section in a fiscal year shall remain available 

for use by the State for the 36-month period beginning with the 

month in which the payments are made. 

(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, and shall 

use the amount to supplement, and not supplant, any Federal or 

non-Federal funds used to provide any service 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 424, 

434, and 474. 

(g) DEFINITIONS.—As used in this section: 

(1) FOSTER CHILD ADOPTION RATE.—The term ‘‘foster child 

adoption rate’’ means, with respect to a State and a fiscal year, 

the percentage determined by dividing— 

(A) the number of foster child adoptions finalized in the 

State during the fiscal year; by 

(B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year. 

(2) BASE RATE OF FOSTER CHILD ADOPTIONS.—The term ‘‘base 

rate of foster child adoptions’’ means, with respect to a State 

and a fiscal year, the lesser of— 

(A) the foster child adoption rate for the State for the 

then immediately preceding fiscal year; or 

(B) the foster child adoption rate for the State for the average of the then immediately preceding 3 fiscal years. 

(3) FOSTER CHILD ADOPTION.—The term ‘‘foster child adoption’’ means the final adoption of a child who, at the time of 

adoptive placement, was in foster care under the supervision 

of the State. 

(4) PRE-ADOLESCENT CHILD ADOPTION AND PRE-ADOLESCENT

FOSTER CHILD GUARDIANSHIP RATE.—The term ‘‘pre-adolescent 

child adoption and pre-adolescent foster child guardianship 

rate’’ means, with respect to a State and a fiscal year, the percentage determined by dividing— 

(A) the number of pre-adolescent child adoptions and 

pre-adolescent foster child guardianships finalized in the 

State during the fiscal year; by 

(B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year, who have attained 9 years of age but not 14 years 

of age. 


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(5) BASE RATE OF PRE-ADOLESCENT CHILD ADOPTIONS AND

PRE-ADOLESCENT FOSTER CHILD GUARDIANSHIPS.—The term 

‘‘base rate of pre-adolescent child adoptions and pre-adolescent 

foster child guardianships’’ means, with respect to a State and 

a fiscal year, the lesser of— 

(A) the pre-adolescent child adoption and pre-adolescent 

foster child guardianship rate for the State for the then 

immediately preceding fiscal year; or 

(B) the pre-adolescent child adoption and pre-adolescent 

foster child guardianship rate for the State for the average 

of the then immediately preceding 3 fiscal years. 

(6) PRE-ADOLESCENT CHILD ADOPTION AND PRE-ADOLESCENT

FOSTER CHILD GUARDIANSHIP.—The term ‘‘pre-adolescent child 

adoption and pre-adolescent foster child guardianship’’ means 

the final adoption, or the placement into foster child guardianship (as defined in paragraph (12)) of a child who has attained 

9 years of age but not 14 years of age if— 

(A) at the time of the adoptive or foster child guardianship placement, the child was in foster care under the supervision of the State; or 

(B) an adoption assistance agreement was in effect 

under section 473(a) with respect to the child. 

(7) OLDER CHILD ADOPTION AND OLDER FOSTER CHILD GUARD- IANSHIP RATE.—The term ‘‘older child adoption and older foster 

child guardianship rate’’ means, with respect to a State and a 

fiscal year, the percentage determined by dividing— 

(A) the number of older child adoptions and older foster 

child guardianships finalized in the State during the fiscal 

year; by 

(B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year, who have attained 14 years of age. 

(8) BASE RATE OF OLDER CHILD ADOPTIONS AND OLDER FOSTER

CHILD GUARDIANSHIPS.—The term ‘‘base rate of older child 

adoptions and older foster child guardianships’’ means, with respect to a State and a fiscal year, the lesser of— 

(A) the older child adoption and older foster child guardianship rate for the State for the then immediately preceding fiscal year; or 

(B) the older child adoption and older foster child guardianship rate for the State for the average of the then immediately preceding 3 fiscal years. 

(9) OLDER CHILD ADOPTION AND OLDER FOSTER CHILD GUARDIANSHIP.—The term ‘‘older child adoption and older foster child 

guardianship’’ means the final adoption, or the placement into 

foster child guardianship (as defined in paragraph (12)) of a 

child who has attained 14 years of age if— 

(A) at the time of the adoptive or foster child guardianship placement, the child was in foster care under the supervision of the State; or 

(B) an adoption assistance agreement was in effect 

under section 473(a) with respect to the child. 

(10) FOSTER CHILD GUARDIANSHIP RATE.—The term ‘‘foster 

child guardianship rate’’ means, with respect to a State and a 

fiscal year, the percentage determined by dividing— 


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119 

(A) the number of foster child guardianships occurring in 

the State during the fiscal year; by 

(B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year. 

(11) BASE RATE OF FOSTER CHILD GUARDIANSHIPS.—The term 

‘‘base rate of foster child guardianships’’ means, with respect to 

a State and a fiscal year, the lesser of— 

(A) the foster child guardianship rate for the State for 

the then immediately preceding fiscal year; or 

(B) the foster child guardianship rate for the State for 

the average of the then immediately preceding 3 fiscal 

years. 

(12) FOSTER CHILD GUARDIANSHIP.—The term ‘‘foster child 

guardianship’’ means, with respect to a State, the exit of a 

child from foster care under the responsibility of the State to 

live with a legal guardian, if the State has reported to the Secretary— 

(A) that the State agency has determined that— 

(i) the child has been removed from his or her home 

pursuant to a voluntary placement agreement or as a 

result of a judicial determination to the effect that 

continuation in the home would be contrary to the 

welfare of the child; 

(ii) being returned home or adopted are not appropriate permanency options for the child; 

(iii) the child demonstrates a strong attachment to 

the prospective legal guardian, and the prospective 

legal guardian has a strong commitment to caring permanently for the child; and 

(iv) if the child has attained 14 years of age, the 

child has been consulted regarding the legal guardianship arrangement; or 

(B) the alternative procedures used by the State to determine that legal guardianship is the appropriate option 

for the child. 

(h) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—For grants under subsection (a), there are 

authorized to be appropriated to the Secretary— 

(A) $20,000,000 for fiscal year 1999; 

(B) $43,000,000 for fiscal year 2000; 

(C) $20,000,000 for each of fiscal years 2001 through 

2003; and 

(D) $43,000,000 for each of fiscal years 2004 through 

2016. 

(2) AVAILABILITY.—Amounts appropriated under paragraph 

(1), or under any other law for grants under subsection (a), are 

authorized to remain available until expended, but not after 

fiscal year 2016. 

(i) TECHNICAL ASSISTANCE.— 

(1) IN GENERAL.—The Secretary may, directly or through 

grants or contracts, provide technical assistance to assist 

States and local communities to reach their targets for increased numbers of adoptions and, to the extent that adoption 


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is not possible, alternative permanent placements, for children 

in foster care. 

(2) DESCRIPTION OF THE CHARACTER OF THE TECHNICAL AS- SISTANCE.—The technical assistance provided under paragraph 

(1) may support the goal of encouraging more adoptions out of 

the foster care system, when adoptions promote the best interests of children, and may include the following: 

(A) The development of best practice guidelines for expediting termination of parental rights. 

(B) Models to encourage the use of concurrent 

planning. 

(C) The development of specialized units and expertise 

in moving children toward adoption as a permanency goal. 

(D) The development of risk assessment tools to facilitate early identification of the children who will be at risk 

of harm if returned home. 

(E) Models to encourage the fast tracking of children 

who have not attained 1 year of age into pre-adoptive 

placements. 

(F) Development of programs that place children into 

pre-adoptive families without waiting for termination of 

parental rights. 

(3) TARGETING OF TECHNICAL ASSISTANCE TO THE COURTS.— 

Not less than 50 percent of any amount appropriated pursuant 

to paragraph (4) shall be used to provide technical assistance 

to the courts. 

(4) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—To 

carry out this subsection, there are authorized to be appropriated to the Secretary of Health and Human Services not to 

exceed $10,000,000 for each of fiscal years 2004 through 2006. 

PAYMENTS TO STATES; ALLOTMENTS TO STATES

SEC. 474. (a) For each quarter beginning after September 30, 

1980, each State which has a plan approved under this part shall 

be entitled to a payment equal to the sum of— 

(1) an amount equal to the Federal medical assistance percentage (which shall be as defined in section 1905(b), in the 

case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia) of the total 

amount expended during such quarter as foster care maintenance payments under section 472 for children in foster family 

homes or child-care institutions (or, with respect to such payments made during such quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, 

tribal organization, or tribal consortium for the administration 

or payment of funds under this part, an amount equal to the 

Federal medical assistance percentage that would apply under 

section 479B(d) (in this paragraph referred to as the ‘‘tribal 

FMAP’’) if such Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under 

that section, unless the tribal FMAP is less than the Federal 

medical assistance percentage that applies to the State); plus 

(2) an amount equal to the Federal medical assistance percentage (which shall be as defined in section 1905(b), in the 

case of a State other than the District of Columbia, or 70 perVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00120 Fmt 6659 Sfmt 6602 E:\HR\OC\HR628.XXX HR628

SSpencer on DSK4SPTVN1PROD with REPORTS
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cent, in the case of the District of Columbia) of the total 

amount expended during such quarter as adoption assistance 

payments under section 473 pursuant to adoption assistance 

agreements (or, with respect to such payments made during 

such quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, 

or tribal consortium for the administration or payment of funds 

under this part, an amount equal to the Federal medical assistance percentage that would apply under section 479B(d) (in 

this paragraph referred to as the ‘‘tribal FMAP’’) if such Indian 

tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the 

tribal FMAP is less than the Federal medical assistance percentage that applies to the State); plus 

(3) subject to section 472(i) an amount equal to the sum of 

the following proportions of the total amounts expended during 

such quarter as found necessary by the Secretary for the provision of child placement services and for the proper and efficient 

administration of the State plan— 

(A) 75 per centum of so much of such expenditures as 

are for the training (including both short-and long-term 

training at educational institutions through grants to such 

institutions or by direct financial assistance to students 

enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local 

agency administering the plan in the political subdivision, 

(B) 75 percent of so much of such expenditures (including travel and per diem expenses) as are for the short-term 

training of current or prospective foster or adoptive parents or relative guardians, the members of the staff of 

State-licensed or State-approved child care institutions 

providing care, or State-licensed or State-approved child 

welfare agencies providing services, to children receiving 

assistance under this part, and members of the staff of 

abuse and neglect courts, agency attorneys, attorneys representing children or parents, guardians ad litem, or other 

court-appointed special advocates representing children in 

proceedings of such courts, in ways that increase the ability of such current or prospective parents, guardians, staff 

members, institutions, attorneys, and advocates to provide 

support and assistance to foster and adopted children and 

children living with relative guardians, whether incurred 

directly by the State or by contract, 

(C) 50 percent of so much of such expenditures as are for 

the planning, design, development, or installation of statewide mechanized data collection and information retrieval 

systems (including 50 percent of the full amount of expenditures for hardware components for such systems) but 

only to the extent that such systems— 

(i) meet the requirements imposed by regulations 

promulgated pursuant to section 479(b)(2); 

(ii) to the extent practicable, are capable of interfacing with the State data collection system that collects information relating to child abuse and neglect; 


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(iii) to the extent practicable, have the capability of 

interfacing with, and retrieving information from, the 

State data collection system that collects information 

relating to the eligibility of individuals under part A 

(for the purposes of facilitating verification of eligibility of foster children); and 

(iv) are determined by the Secretary to be likely to 

provide more efficient, economical, and effective administration of the programs carried out under a State 

plan approved under part B or this part; and 

(D) 50 percent of so much of such expenditures as are 

for the operation of the statewide mechanized data collection and information retrieval systems referred to in subparagraph (C); and 

(E) one-half of the remainder of such expenditures; plus 

(4) an amount equal to the amount (if any) by which— 

(A) the lesser of— 

(i) 80 percent of the amounts expended by the State 

during the fiscal year in which the quarter occurs to 

carry out programs in accordance with the State application approved under section 477(b) for the period in 

which the quarter occurs (including any amendment 

that meets the requirements of section 477(b)(5)); or 

(ii) the amount allotted to the State under section 

477(c)(1) for the fiscal year in which the quarter occurs, reduced by the total of the amounts payable to 

the State under this paragraph for all prior quarters 

in the fiscal year; exceeds 

(B) the total amount of any penalties assessed against 

the State under section 477(e) during the fiscal year in 

which the quarter occurs; plus 

(5) an amount equal to the percentage by which the expenditures referred to in paragraph (2) of this subsection are reimbursed of the total amount expended during such quarter as 

kinship guardianship assistance payments under section 473(d) 

pursuant to kinship guardianship assistance agreements. 

(b)(1) The Secretary shall, prior to the beginning of each quarter, 

estimate the amount to which a State will be entitled under subsections (a) for such quarter, such estimates to be based on (A) a 

report filed by the State containing its estimate of the total sum 

to be expended in such quarter in accordance with subsection (a), 

and stating the amount appropriated or made available by the 

State and its political subdivisions for such expenditures in such 

quarter, and if such amount is less than the State’s proportionate 

share of the total sum of such estimated expenditures, the source 

or sources from which the difference is expected to be derived, (B) 

records showing the number of children in the State receiving assistance under this part, and (C) such other investigation as the 

Secretary may find necessary. 

(2) The Secretary shall then pay to the State, in such installments as he may determine, the amounts so estimated, reduced or 

increased to the extent of any overpayment or underpayment which 

the Secretary determines was made under this section to such 

State for any prior quarter and with respect to which adjustment 

has not already been made under this subsection. 


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123 

(3) The pro rata share to which the United States is equitably 

entitled, as determined by the Secretary, of the net amount recovered during any quarter by the State or any political subdivision 

thereof with respect to foster care and adoption assistance furnished under the State plan shall be considered an overpayment to 

be adjusted under this subsection. 

(4)(A) Within 60 days after receipt of a State claim for expenditures pursuant to subsection (a), the Secretary shall allow, disallow, or defer such claim. 

(B) Within 15 days after a decision to defer such a State claim, 

the Secretary shall notify the State of the reasons for the deferral 

and of the additional information necessary to determine the allowability of the claim. 

(C) Within 90 days after receiving such necessary information (in 

readily reviewable form), the Secretary shall— 

(i) disallow the claim, if able to complete the review and determine that the claim is not allowable, or 

(ii) in any other case, allow the claim, subject to disallowance 

(as necessary)— 

(I) upon completion of the review, if it is determined that 

the claim is not allowable; or 

(II) on the basis of findings of an audit or financial management review. 

(c) AUTOMATED DATA COLLECTION EXPENDITURES.—The Secretary shall treat as necessary for the proper and efficient administration of the State plan all expenditures of a State necessary in 

order for the State to plan, design, develop, install, and operate 

data collection and information retrieval systems described in subsection (a)(3)(C), without regard to whether the systems may be 

used with respect to foster or adoptive children other than those on 

behalf of whom foster care maintenance payments or adoption assistance payments may be made under this part. 

(d)(1) If, during any quarter of a fiscal year, a State’s program 

operated under this part is found, as a result of a review conducted 

under section 1123A, or otherwise, to have violated paragraph (18) 

or (23) of section 471(a) with respect to a person or to have failed 

to implement a corrective action plan within a period of time not 

to exceed 6 months with respect to such violation, then, notwithstanding subsection (a) of this section and any regulations promulgated under section 1123A(b)(3), the Secretary shall reduce the 

amount otherwise payable to the State under this part, for that fiscal year quarter and for any subsequent quarter of such fiscal year, 

until the State program is found, as a result of a subsequent review under section 1123A, to have implemented a corrective action 

plan with respect to such violation, by— 

(A) 2 percent of such otherwise payable amount, in the case 

of the 1st such finding for the fiscal year with respect to the 

State; 

(B) 3 percent of such otherwise payable amount, in the case 

of the 2nd such finding for the fiscal year with respect to the 

State; or 

(C) 5 percent of such otherwise payable amount, in the case 

of the 3rd or subsequent such finding for the fiscal year with 

respect to the State. 


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In imposing the penalties described in this paragraph, the Secretary shall not reduce any fiscal year payment to a State by more 

than 5 percent. 

(2) Any other entity which is in a State that receives funds under 

this part and which violates paragraph (18) or (23) of section 471(a) 

during a fiscal year quarter with respect to any person shall remit 

to the Secretary all funds that were paid by the State to the entity 

during the quarter from such funds. 

(3)(A) Any individual who is aggrieved by a violation of section 

471(a)(18) by a State or other entity may bring an action seeking 

relief from the State or other entity in any United States district 

court. 

(B) An action under this paragraph may not be brought more 

than 2 years after the date the alleged violation occurred. 

(4) This subsection shall not be construed to affect the application of the Indian Child Welfare Act of 1978. 

(e) DISCRETIONARY GRANTS FOR EDUCATIONAL AND TRAINING

VOUCHERS FOR YOUTHS AGING OUT OF FOSTER CARE.—From 

amounts appropriated pursuant to section 477(h)(2), the Secretary 

may make a grant to a State with a plan approved under this part, 

for a calendar quarter, in an amount equal to the lesser of— 

(1) 80 percent of the amounts expended by the State during 

the quarter to carry out programs for the purposes described 

in section 477(a)(6); or 

(2) the amount, if any, allotted to the State under section 

477(c)(3) for the fiscal year in which the quarter occurs, reduced by the total of the amounts payable to the State under 

this subsection for such purposes for all prior quarters in the 

fiscal year. 

(f)(1) If the Secretary finds that a State has failed to submit to 

the Secretary data, as required by regulation, for the data collection system implemented under section 479, the Secretary shall, 

within 30 days after the date by which the data was due to be so 

submitted, notify the State of the failure and that payments to the 

State under this part will be reduced if the State fails to submit 

the data, as so required, within 6 months after the date the data 

was originally due to be so submitted. 

(2) If the Secretary finds that the State has failed to submit the 

data, as so required, by the end of the 6-month period referred to 

in paragraph (1) of this subsection, then, notwithstanding subsection (a) of this section and any regulations promulgated under 

section 1123A(b)(3), the Secretary shall reduce the amounts otherwise payable to the State under this part, for each quarter ending 

in the 6-month period (and each quarter ending in each subsequent 

consecutively occurring 6-month period until the Secretary finds 

that the State has submitted the data, as so required), by— 

(A) 1⁄6 of 1 percent of the total amount expended by the State 

for administration of foster care activities under the State plan 

approved under this part in the quarter so ending, in the case 

of the 1st 6-month period during which the failure continues; 

or 

(B) 1⁄4 of 1 percent of the total amount so expended, in the 

case of the 2nd or any subsequent such 6-month period. 

(g) For purposes of this part, after the termination of a demonstration project relating to guardianship conducted by a State 


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under section 1130, the expenditures of the State for the provision, 

to children who, as of September 30, 2008, were receiving assistance or services under the project, of the same assistance and services under the same terms and conditions that applied during the 

conduct of the project, are deemed to be expenditures under the 

State plan approved under this part. 

DEFINITIONS

SEC. 475. As used in this part or part B of this title: 

(1) The term ‘‘case plan’’ means a written document which 

meets the requirements of section 475A and includes at least 

the following: 

(A) A description of the type of home or institution in 

which a child is to be placed, including a discussion of the 

safety and appropriateness of the placement and how the 

agency which is responsible for the child plans to carry out 

the voluntary placement agreement entered into or judicial 

determination made with respect to the child in accordance 

with section 472(a)(1). 

(B) A plan for assuring that the child receives safe and 

proper care and that services are provided to the parents, 

child, and foster parents in order to improve the conditions 

in the parents’ home, facilitate return of the child to his 

own safe home or the permanent placement of the child, 

and address the needs of the child while in foster care, including a discussion of the appropriateness of the services 

that have been provided to the child under the plan. With 

respect to a child who has attained 14 years of age, the 

plan developed for the child in accordance with this paragraph, and any revision or addition to the plan, shall be 

developed in consultation with the child and, at the option 

of the child, with up to 2 members of the case planning 

team who are chosen by the child and who are not a foster 

parent of, or caseworker for, the child. A State may reject 

an individual selected by a child to be a member of the 

case planning team at any time if the State has good cause 

to believe that the individual would not act in the best interests of the child. One individual selected by a child to 

be a member of the child’s case planning team may be designated to be the child’s advisor and, as necessary, advocate, with respect to the application of the reasonable and 

prudent parent standard to the child. 

(C) The health and education records of the child, including the most recent information available regarding— 

(i) the names and addresses of the child’s health and 

educational providers; 

(ii) the child’s grade level performance; 

(iii) the child’s school record; 

(iv) a record of the child’s immunizations; 

(v) the child’s known medical problems; 

(vi) the child’s medications; and 

(vii) any other relevant health and education information concerning the child determined to be appropriate by the State agency. 


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(D) For a child who has attained 14 years of age or over, 

a written description of the programs and services which 

will help such child prepare for the transition from foster 

care to a successful adulthood. 

(E) In the case of a child with respect to whom the permanency plan is adoption or placement in another permanent home, documentation of the steps the agency is taking to find an adoptive family or other permanent living 

arrangement for the child, to place the child with an adoptive family, a fit and willing relative, a legal guardian, or 

in another planned permanent living arrangement, and to 

finalize the adoption or legal guardianship. At a minimum, 

such documentation shall include child specific recruitment efforts such as the use of State, regional, and national adoption exchanges including electronic exchange 

systems to facilitate orderly and timely in-State and interstate placements. 

(F) In the case of a child with respect to whom the permanency plan is placement with a relative and receipt of 

kinship guardianship assistance payments under section 

473(d), a description of— 

(i) the steps that the agency has taken to determine 

that it is not appropriate for the child to be returned 

home or adopted; 

(ii) the reasons for any separation of siblings during 

placement; 

(iii) the reasons why a permanent placement with a 

fit and willing relative through a kinship guardianship 

assistance arrangement is in the child’s best interests; 

(iv) the ways in which the child meets the eligibility 

requirements for a kinship guardianship assistance 

payment; 

(v) the efforts the agency has made to discuss adoption by the child’s relative foster parent as a more permanent alternative to legal guardianship and, in the 

case of a relative foster parent who has chosen not to 

pursue adoption, documentation of the reasons therefor; and 

(vi) the efforts made by the State agency to discuss 

with the child’s parent or parents the kinship guardianship assistance arrangement, or the reasons why 

the efforts were not made. 

(G) A plan for ensuring the educational stability of the 

child while in foster care, including— 

(i) assurances that each placement of the child in 

foster care takes into account the appropriateness of 

the current educational setting and the proximity to 

the school in which the child is enrolled at the time of 

placement; and 

(ii)(I) an assurance that the State agency has coordinated with appropriate local educational agencies (as 

defined under section 8101 of the Elementary and Secondary Education Act of 1965) to ensure that the child 

remains in the school in which the child is enrolled at 

the time of each placement; or 


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127 

(II) if remaining in such school is not in the best interests of the child, assurances by the State agency and the 

local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the school. 

(2) The term ‘‘parents’’ means biological or adoptive parents 

or legal guardians, as determined by applicable State law. 

(3) The term ‘‘adoption assistance agreement’’ means a written agreement, binding on the parties to the agreement, between the State agency, other relevant agencies, and the prospective adoptive parents of a minor child which at a minimum 

(A) specifies the nature and amount of any payments, services, 

and assistance to be provided under such agreement, and (B) 

stipulates that the agreement shall remain in effect regardless 

of the State of which the adoptive parents are residents at any 

given time. The agreement shall contain provisions for the protection (under an interstate compact approved by the Secretary 

or otherwise) of the interests of the child in cases where the 

adoptive parents and child move to another State while the 

agreement is effective. 

(4)(A) The term ‘‘foster care maintenance payments’’ means 

payments to cover the cost of (and the cost of providing) food, 

clothing, shelter, daily supervision, school supplies, a child’s 

personal incidentals, liability insurance with respect to a child, 

reasonable travel to the child’s home for visitation, and reasonable travel for the child to remain in the school in which the 

child is enrolled at the time of placement. In the case of institutional care, such term shall include the reasonable costs of 

administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence. 

(B) In cases where— 

(i) a child placed in a foster family home or childcare institution is the parent of a son or daughter who 

is in the same home or institution, and 

(ii) payments described in subparagraph (A) are 

being made under this part with respect to such child, 

the foster care maintenance payments made with respect 

to such child as otherwise determined under subparagraph 

(A) shall also include such amounts as may be necessary 

to cover the cost of the items described in that subparagraph with respect to such son or daughter. 

(5) The term ‘‘case review system’’ means a procedure for assuring that— 

(A) each child has a case plan designed to achieve placement in a safe setting that is the least restrictive (most 

family like) and most appropriate setting available and in 

close proximity to the parents’ home, consistent with the 

best interest and special needs of the child, which— 

(i) if the child has been placed in a foster family 

home or child-care institution a substantial distance 

from the home of the parents of the child, or in a State 

different from the State in which such home is located, 

sets forth the reasons why such placement is in the 

best interests of the child, and 


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(ii) if the child has been placed in foster care outside 

the State in which the home of the parents of the child 

is located, requires that, periodically, but not less frequently than every 6 months, a caseworker on the 

staff of the State agency of the State in which the 

home of the parents of the child is located, of the State 

in which the child has been placed, or of a private 

agency under contract with either such State, visit 

such child in such home or institution and submit a 

report on such visit to the State in which the home of 

the parents of the child is located, 

(B) the status of each child is reviewed periodically but 

no less frequently than once every six months by either a 

court or by administrative review (as defined in paragraph 

(6)) in order to determine the safety of the child, the continuing necessity for and appropriateness of the placement, 

the extent of compliance with the case plan, and the extent 

of progress which has been made toward alleviating or 

mitigating the causes necessitating placement in foster 

care, and to project a likely date by which the child may 

be returned to and safely maintained in the home or 

placed for adoption or legal guardianship, and, for a child 

for whom another planned permanent living arrangement 

has been determined as the permanency plan, the steps 

the State agency is taking to ensure the child’s foster family home or child care institution is following the reasonable and prudent parent standard and to ascertain whether the child has regular, ongoing opportunities to engage 

in age or developmentally appropriate activities (including 

by consulting with the child in an age-appropriate manner 

about the opportunities of the child to participate in the 

activities); 

(C) with respect to each such child, (i) procedural safeguards will be applied, among other things, to assure each 

child in foster care under the supervision of the State of 

a permanency hearing to be held, in a family or juvenile 

court or another court (including a tribal court) of competent jurisdiction, or by an administrative body appointed 

or approved by the court, no later than 12 months after 

the date the child is considered to have entered foster care 

(as determined under subparagraph (F)) (and not less frequently than every 12 months thereafter during the continuation of foster care), which hearing shall determine the 

permanency plan for the child that includes whether, and 

if applicable when, the child will be returned to the parent, 

placed for adoption and the State will file a petition for 

termination of parental rights, or referred for legal guardianship, or only in the case of a child who has attained 16 

years of age (in cases where the State agency has documented to the State court a compelling reason for determining, as of the date of the hearing, that it would not be 

in the best interests of the child to return home, be referred for termination of parental rights, or be placed for 

adoption, with a fit and willing relative, or with a legal 

guardian) placed in another planned permanent living arVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00128 Fmt 6659 Sfmt 6602 E:\HR\OC\HR628.XXX HR628

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rangement, subject to section 475A(a), 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, 

and, in the case of a child described in subparagraph 

(A)(ii), the hearing shall determine whether the out-ofState placement continues to be appropriate and in the 

best interests of the child, and, in the case of a child who 

has attained age 14, the services needed to assist the child 

to make the transition from foster care to a successful 

adulthood; (ii) procedural safeguards shall be applied with 

respect to parental rights pertaining to the removal of the 

child from the home of his parents, to a change in the 

child’s placement, and to any determination affecting visitation privileges of parents; (iii) procedural safeguards 

shall be applied to assure that in any permanency hearing 

held with respect to the child, including any hearing regarding the transition of the child from foster care to a 

successful adulthood, the court or administrative body conducting the hearing consults, in an age-appropriate manner, with the child regarding the proposed permanency or 

transition plan for the child; and (iv) if a child has attained 14 years of age, the permanency plan developed for 

the child, and any revision or addition to the plan, shall 

be developed in consultation with the child and, at the option of the child, with not more than 2 members of the permanency planning team who are selected by the child and 

who are not a foster parent of, or caseworker for, the child, 

except that the State may reject an individual so selected 

by the child if the State has good cause to believe that the 

individual would not act in the best interests of the child, 

and 1 individual so selected by the child may be designated to be the child’s advisor and, as necessary, advocate, with respect to the application of the reasonable and 

prudent standard to the child; 

(D) a child’s health and education record (as described in 

paragraph (1)(A)) is reviewed and updated, and a copy of 

the record is supplied to the foster parent or foster care 

provider with whom the child is placed, at the time of each 

placement of the child in foster care, 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; 

(E) in the case of a child who has been in foster care 

under the responsibility of the State for 15 of the most recent 22 months, or, if a court of competent jurisdiction has 

determined a child to be an abandoned infant (as defined 

under State law) or has made a determination that the 

parent has committed murder of another child of the parent, committed voluntary manslaughter of another child of 

the parent, aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter, or committed a felony assault that has resulted 

in serious bodily injury to the child or to another child of 

the parent, the State shall file a petition to terminate the 

parental rights of the child’s parents (or, if such a petition 


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130 

has been filed by another party, seek to be joined as a 

party to the petition), and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption, unless— 

(i) at the option of the State, the child is being cared 

for by a relative; 

(ii) a State agency has documented in the case plan 

(which shall be available for court review) a compelling reason for determining that filing such a petition 

would not be in the best interests of the child; or 

(iii) the State has not provided to the family of the 

child, consistent with the time period in the State case 

plan, such services as the State deems necessary for 

the safe return of the child to the child’s home, if reasonable efforts of the type described in section 

471(a)(15)(B)(ii) are required to be made with respect 

to the child; 

(F) a child shall be considered to have entered foster 

care on the earlier of— 

(i) the date of the first judicial finding that the child 

has been subjected to child abuse or neglect; or 

(ii) the date that is 60 days after the date on which 

the child is removed from the home; 

(G) the foster parents (if any) of a child and any 

preadoptive parent or relative providing care for the child 

are provided with notice of, and a right to be heard in, any 

proceeding to be held with respect to the child, except that 

this subparagraph shall not be construed to require that 

any foster parent, preadoptive parent, or relative providing 

care for the child be made a party to such a proceeding 

solely on the basis of such notice and right to be heard; 

(H) during the 90-day period immediately prior to the 

date on which the child will attain 18 years of age, or such 

greater age as the State may elect under paragraph 

(8)(B)(iii), whether during that period foster care maintenance payments are being made on the child’s behalf or 

the child is receiving benefits or services under section 

477, a caseworker on the staff of the State agency, and, as 

appropriate, other representatives of the child provide the 

child with assistance and support in developing a transition plan that is personalized at the direction of the child, 

includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment 

services, includes information about the importance of designating another individual to make health care treatment 

decisions on behalf of the child if the child becomes unable 

to participate in such decisions and the child does not 

have, or does not want, a relative who would otherwise be 

authorized under State law to make such decisions, and 

provides the child with the option to execute a health care 

power of attorney, health care proxy, or other similar document recognized under State law, and is as detailed as the 

child may elect; and 


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

the State who has attained 14 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, 

receives assistance (including, when feasible, from any 

court-appointed advocate for the child) in interpreting and 

resolving any inaccuracies in the report, and, if the child 

is leaving foster care by reason of having attained 18 years 

of age or such greater age as the State has elected under 

paragraph (8), unless the child has been in foster care for 

less than 6 months, is not discharged from care without 

being provided with (if the child is eligible to receive such 

document) an official or certified copy of the United States 

birth certificate of the child, a social security card issued 

by the Commissioner of Social Security, health insurance 

information, a copy of the child’s medical records, and a 

driver’s license or identification card issued by a State in 

accordance with the requirements of section 202 of the 

REAL ID Act of 2005. 

(6) The term ‘‘administrative review’’ means a review open to 

the participation of the parents of the child, conducted by a 

panel of appropriate persons at least one of whom is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of 

the review. 

(7) The term ‘‘legal guardianship’’ means a judicially created 

relationship between child and caretaker which is intended to 

be permanent and self-sustaining as evidenced by the transfer 

to the caretaker of the following parental rights with respect 

to the child: protection, education, care and control of the person, custody of the person, and decisionmaking. The term 

‘‘legal guardian’’ means the caretaker in such a relationship. 

(8)(A) Subject to subparagraph (B), the term ‘‘child’’ means 

an individual who has not attained 18 years of age. 

(B) At the option of a State, the term shall include an individual— 

(i)(I) who is in foster care under the responsibility of the 

State; 

(II) with respect to whom an adoption assistance agreement is in effect under section 473 if the child had attained 16 years of age before the agreement became effective; or 

(III) with respect to whom a kinship guardianship assistance agreement is in effect under section 473(d) if the 

child had attained 16 years of age before the agreement 

became effective; 

(ii) who has attained 18 years of age; 

(iii) who has not attained 19, 20, or 21 years of age, as 

the State may elect; and 

(iv) who is— 

(I) completing secondary education or a program 

leading to an equivalent credential; 

(II) enrolled in an institution which provides postsecondary or vocational education; 


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(III) participating in a program or activity designed 

to promote, or remove barriers to, employment; 

(IV) employed for at least 80 hours per month; or 

(V) incapable of doing any of the activities described 

in subclauses (I) through (IV) due to a medical condition, which incapability is supported by regularly updated information in the case plan of the child. 

(9) The term ‘‘sex trafficking victim’’ means a victim of— 

(A) sex trafficking (as defined in section 103(10) of the 

Trafficking Victims Protection Act of 2000); or 

(B) a severe form of trafficking in persons described in 

section 103(9)(A) of such Act. 

(10)(A) The term ‘‘reasonable and prudent parent standard’’ 

means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver 

shall use when determining whether to allow a child in foster 

care under the responsibility of the State to participate in extracurricular, enrichment, cultural, and social activities. 

(B) For purposes of subparagraph (A), the term ‘‘caregiver’’ 

means a foster parent with whom a child in foster care has 

been placed or a designated official for a child care institution 

in which a child in foster care has been placed. 

(11)(A) The term ‘‘age or developmentally-appropriate’’ 

means— 

(i) activities or items that are generally accepted as suitable for children of the same chronological age or level of 

maturity or that are determined to be developmentally-appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that 

are typical for an age or age group; and 

(ii) in the case of a specific child, activities or items that 

are suitable for the child based on the developmental 

stages attained by the child with respect to the cognitive, 

emotional, physical, and behavioral capacities of the child. 

(B) In the event that any age-related activities have implications relative to the academic curriculum of a child, nothing in 

this part or part B shall be construed to authorize an officer 

or employee of the Federal Government to mandate, direct, or 

control a State or local educational agency, or the specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction of a school. 

(12) The term ‘‘sibling’’ means an individual who satisfies at 

least one of the following conditions with respect to a child: 

(A) The individual is considered by State law to be a sibling of the child. 

(B) The individual would have been considered a sibling 

of the child under State law but for a termination or other 

disruption of parental rights, such as the death of a parent. 

SEC. 475A. ADDITIONAL CASE PLAN AND CASE REVIEW SYSTEM REQUIREMENTS. 

(a) REQUIREMENTS FOR ANOTHER PLANNED PERMANENT LIVING

ARRANGEMENT.—In the case of any child for whom another planned 


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permanent living arrangement is the permanency plan determined 

for the child under section 475(5)(C), the following requirements 

shall apply for purposes of approving the case plan for the child 

and the case system review procedure for the child: 

(1) DOCUMENTATION OF INTENSIVE, ONGOING, UNSUCCESSFUL

EFFORTS FOR FAMILY PLACEMENT.—At each permanency hearing held with respect to the child, the State agency documents 

the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by the State agency to return the child 

home or secure a placement for the child with a fit and willing 

relative (including adult siblings), a legal guardian, or an adoptive parent, including through efforts that utilize search technology (including social media) to find biological family members for the children. 

(2) REDETERMINATION OF APPROPRIATENESS OF PLACEMENT AT

EACH PERMANENCY HEARING.—The State agency shall implement procedures to ensure that, at each permanency hearing 

held with respect to the child, the court or administrative body 

appointed or approved by the court conducting the hearing on 

the permanency plan for the child does the following: 

(A) Ask the child about the desired permanency outcome 

for the child. 

(B) Make a judicial determination explaining why, as of 

the date of the hearing, another planned permanent living 

arrangement is the best permanency plan for the child and 

provide compelling reasons why it continues to not be in 

the best interests of the child to— 

(i) return home; 

(ii) be placed for adoption; 

(iii) be placed with a legal guardian; or 

(iv) be placed with a fit and willing relative. 

(3) DEMONSTRATION OF SUPPORT FOR ENGAGING IN AGE OR

DEVELOPMENTALLY-APPROPRIATE ACTIVITIES AND SOCIAL

EVENTS.—At each permanency hearing held with respect to the 

child, the State agency shall document the steps the State 

agency is taking to ensure that— 

(A) the child’s foster family home or child care institution is following the reasonable and prudent parent standard; and 

(B) the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities (including by consulting with the child in an age-appropriate 

manner about the opportunities of the child to participate 

in the activities). 

(b) LIST OF RIGHTS.—The case plan for any child in foster care 

under the responsibility of the State who has attained 14 years of 

age shall include— 

(1) a document that describes the rights of the child with respect to education, health, visitation, and court participation, 

the right to be provided with the documents specified in section 

475(5)(I) in accordance with that section, and the right to stay 

safe and avoid exploitation; and 

(2) a signed acknowledgment by the child that the child has 

been provided with a copy of the document and that the rights 


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134 

contained in the document have been explained to the child in 

an age-appropriate way. 

TECHNICAL ASSISTANCE;DATA COLLECTION AND EVALUATION

SEC. 476. (a) The Secretary may provide technical assistance to 

the States to assist them to develop the programs authorized under 

this part and shall periodically (1) evaluate the programs authorized under this part and part B of this title and (2) collect and publish data pertaining to the incidence and characteristics of foster 

care and adoptions in this country. 

(b) Each State shall submit statistical reports as the Secretary 

may require with respect to children for whom payments are made 

under this part containing information with respect to such children including legal status, demographic characteristics, location, 

and length of any stay in foster care. 

(c) TECHNICAL ASSISTANCE AND IMPLEMENTATION SERVICES FOR

TRIBAL PROGRAMS.— (1) AUTHORITY.—The Secretary shall provide technical assistance and implementation services that are dedicated to improving services and permanency outcomes for Indian children 

and their families through the provision of assistance described 

in paragraph (2). 

(2) ASSISTANCE PROVIDED.— (A) IN GENERAL.—The technical assistance and implementation services shall be to— 

(i) provide information, advice, educational materials, and technical assistance to Indian tribes and 

tribal organizations with respect to the types of services, administrative functions, data collection, program 

management, and reporting that are required under 

State plans under part B and this part; 

(ii) assist and provide technical assistance to— 

(I) Indian tribes, tribal organizations, and tribal 

consortia seeking to operate a program under part 

B or under this part through direct application to 

the Secretary under section 479B; and 

(II) Indian tribes, tribal organizations, tribal 

consortia, and States seeking to develop cooperative agreements to provide for payments under 

this part or satisfy the requirements of section 

422(b)(9), 471(a)(32), or 477(b)(3)(G); and 

(iii) subject to subparagraph (B), make one-time 

grants, to tribes, tribal organizations, or tribal consortia that are seeking to develop, and intend, not 

later than 24 months after receiving such a grant to 

submit to the Secretary a plan under section 471 to 

implement a program under this part as authorized by 

section 479B, that shall— 

(I) not exceed $300,000; and 

(II) be used for the cost of developing a plan 

under section 471 to carry out a program under 

section 479B, including costs related to development of necessary data collection systems, a cost 

allocation plan, agency and tribal court procedures 

necessary to meet the case review system requireVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00134 Fmt 6659 Sfmt 6602 E:\HR\OC\HR628.XXX HR628

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ments under section 475(5), or any other costs attributable to meeting any other requirement necessary for approval of such a plan under this part. 

(B) GRANT CONDITION.— (i) IN GENERAL.—As a condition of being paid a 

grant under subparagraph (A)(iii), a tribe, tribal organization, or tribal consortium shall agree to repay the 

total amount of the grant awarded if the tribe, tribal 

organization, or tribal consortium fails to submit to 

the Secretary a plan under section 471 to carry out a 

program under section 479B by the end of the 24- 

month period described in that subparagraph. 

(ii) EXCEPTION.—The Secretary shall waive the requirement to repay a grant imposed by clause (i) if the 

Secretary determines that a tribe’s, tribal organization’s, or tribal consortium’s failure to submit a plan 

within such period was the result of circumstances beyond the control of the tribe, tribal organization, or 

tribal consortium. 

(C) IMPLEMENTATION AUTHORITY.—The Secretary may 

provide the technical assistance and implementation services described in subparagraph (A) either directly or 

through a grant or contract with public or private organizations knowledgeable and experienced in the field of Indian tribal affairs and child welfare. 

(3) APPROPRIATION.—There is appropriated to the Secretary, 

out of any money in the Treasury of the United States not otherwise appropriated, $3,000,000 for fiscal year 2009 and each 

fiscal year thereafter to carry out this subsection. 

SEC. 477. JOHN H. CHAFEE FOSTER CARE INDEPENDENCE PROGRAM. 

(a) PURPOSE.—The purpose of this section is to provide States 

with flexible funding that will enable programs to be designed and 

conducted— 

(1) to identify children who are likely to remain in foster care 

until 18 years of age and to help these children make the transition to self-sufficiency by providing services such as assistance in obtaining a high school diploma, career exploration, vocational training, job placement and retention, training in daily 

living skills, training in budgeting and financial management 

skills, substance abuse prevention, and preventive health activities (including smoking avoidance, nutrition education, and 

pregnancy prevention); 

(2) to help children who are likely to remain in foster care 

until 18 years of age receive the education, training, and services necessary to obtain employment; 

(3) to help children who are likely to remain in foster care 

until 18 years of age prepare for and enter postsecondary 

training and education institutions; 

(4) to provide personal and emotional support to children 

aging out of foster care, through mentors and the promotion of 

interactions with dedicated adults; 

(5) to provide financial, housing, counseling, employment, 

education, and other appropriate support and services to 

former foster care recipients between 18 and 21 years of age 

to complement their own efforts to achieve self-sufficiency and 


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to assure that program participants recognize and accept their 

personal responsibility for preparing for and then making the 

transition from adolescence to adulthood; 

(6) to make available vouchers for education and training, including postsecondary training and education, to youths who 

have aged out of foster care; 

(7) to provide the services referred to in this subsection to 

children who, after attaining 16 years of age, have left foster 

care for kinship guardianship or adoption; and 

(8) to ensure children who are likely to remain in foster care 

until 18 years of age have regular, ongoing opportunities to engage in age or developmentally-appropriate activities as defined in section 475(11). 

(b) APPLICATIONS.— 

(1) IN GENERAL.—A State may apply for funds from its allotment under subsection (c) for a period of five consecutive fiscal 

years by submitting to the Secretary, in writing, a plan that 

meets the requirements of paragraph (2) and the certifications 

required by paragraph (3) with respect to the plan. 

(2) STATE PLAN.—A plan meets the requirements of this 

paragraph if the plan specifies which State agency or agencies 

will administer, supervise, or oversee the programs carried out 

under the plan, and describes how the State intends to do the 

following: 

(A) Design and deliver programs to achieve the purposes 

of this section. 

(B) Ensure that all political subdivisions in the State are 

served by the program, though not necessarily in a uniform manner. 

(C) Ensure that the programs serve children of various 

ages and at various stages of achieving independence. 

(D) Involve the public and private sectors in helping adolescents in foster care achieve independence. 

(E) Use objective criteria for determining eligibility for 

benefits and services under the programs, and for ensuring 

fair and equitable treatment of benefit recipients. 

(F) Cooperate in national evaluations of the effects of the 

programs in achieving the purposes of this section. 

(3) CERTIFICATIONS.—The certifications required by this 

paragraph with respect to a plan are the following: 

(A) A certification by the chief executive officer of the 

State that the State will provide assistance and services to 

children who have left foster care because they have attained 18 years of age, and who have not attained 21 years 

of age. 

(B) A certification by the chief executive officer of the 

State that not more than 30 percent of the amounts paid 

to the State from its allotment under subsection (c) for a 

fiscal year will be expended for room or board for children 

who have left foster care because they have attained 18 

years of age, and who have not attained 21 years of age. 

(C) A certification by the chief executive officer of the 

State that none of the amounts paid to the State from its 

allotment under subsection (c) will be expended for room 


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or board for any child who has not attained 18 years of 

age. 

(D) A certification by the chief executive officer of the 

State that the State will use training funds provided under 

the program of Federal payments for foster care and adoption assistance to provide training to help foster parents, 

adoptive parents, workers in group homes, and case managers understand and address the issues confronting adolescents preparing for independent living, and will, to the 

extent possible, coordinate such training with the independent living program conducted for adolescents. 

(E) A certification by the chief executive officer of the 

State that the State has consulted widely with public and 

private organizations in developing the plan and that the 

State has given all interested members of the public at 

least 30 days to submit comments on the plan. 

(F) A certification by the chief executive officer of the 

State that the State will make every effort to coordinate 

the State programs receiving funds provided from an allotment made to the State under subsection (c) with other 

Federal and State programs for youth (especially transitional living youth projects funded under part B of title III 

of the Juvenile Justice and Delinquency Prevention Act of 

1974), abstinence education programs, local housing programs, programs for disabled youth (especially sheltered 

workshops), and school-to-work programs offered by high 

schools or local workforce agencies. 

(G) A certification by the chief executive officer of the 

State that each Indian tribe in the State has been consulted about the programs to be carried out under the 

plan; that there have been efforts to coordinate the programs with such tribes; that benefits and services under 

the programs will be made available to Indian children in 

the State on the same basis as to other children in the 

State; and that the State will negotiate in good faith with 

any Indian tribe, tribal organization, or tribal consortium 

in the State that does not receive an allotment under subsection (j)(4) for a fiscal year and that requests to develop 

an agreement with the State to administer, supervise, or 

oversee the programs to be carried out under the plan with 

respect to the Indian children who are eligible for such 

programs and who are under the authority of the tribe, organization, or consortium and to receive from the State an 

appropriate portion of the State allotment under subsection (c) for the cost of such administration, supervision, 

or oversight. 

(H) A certification by the chief executive officer of the 

State that the State will ensure that adolescents participating in the program under this section participate directly in designing their own program activities that prepare them for independent living and that the adolescents 

accept personal responsibility for living up to their part of 

the program. 

(I) A certification by the chief executive officer of the 

State that the State has established and will enforce 


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standards and procedures to prevent fraud and abuse in 

the programs carried out under the plan. 

(J) A certification by the chief executive officer of the 

State that the State educational and training voucher program under this section is in compliance with the conditions specified in subsection (i), including a statement describing methods the State will use— 

(i) to ensure that the total amount of educational assistance to a youth under this section and under other 

Federal and Federally supported programs does not 

exceed the limitation specified in subsection (i)(5); and 

(ii) to avoid duplication of benefits under this and 

any other Federal or Federally assisted benefit program. 

(K) A certification by the chief executive officer of the 

State that the State will ensure that an adolescent participating in the program under this section are provided with 

education about the importance of designating another individual to make health care treatment decisions on behalf 

of the adolescent if the adolescent becomes unable to participate in such decisions and the adolescent does not have, 

or does not want, a relative who would otherwise be authorized under State law to make such decisions, whether 

a health care power of attorney, health care proxy, or other 

similar document is recognized under State law, and how 

to execute such a document if the adolescent wants to do 

so. 

(4) APPROVAL.—The Secretary shall approve an application 

submitted by a State pursuant to paragraph (1) for a period 

if— 

(A) the application is submitted on or before June 30 of 

the calendar year in which such period begins; and 

(B) the Secretary finds that the application contains the 

material required by paragraph (1). 

(5) AUTHORITY TO IMPLEMENT CERTAIN AMENDMENTS; NOTIFICATION.—A State with an application approved under paragraph (4) may implement any amendment to the plan contained in the application if the application, incorporating the 

amendment, would be approvable under paragraph (4). Within 

30 days after a State implements any such amendment, the 

State shall notify the Secretary of the amendment. 

(6) AVAILABILITY.—The State shall make available to the 

public any application submitted by the State pursuant to 

paragraph (1), and a brief summary of the plan contained in 

the application. 

(c) ALLOTMENTS TO STATES.— 

(1) GENERAL PROGRAM ALLOTMENT.—From the amount specified in subsection (h)(1) that remains after applying subsection 

(g)(2) for a fiscal year, the Secretary shall allot to each State 

with an application approved under subsection (b) for the fiscal 

year the amount which bears the ratio to such remaining 

amount equal to the State foster care ratio, as adjusted in accordance with paragraph (2). 

(2) HOLD HARMLESS PROVISION.— 


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(A) IN GENERAL.—The Secretary shall allot to each State 

whose allotment for a fiscal year under paragraph (1) is 

less than the greater of $500,000 or the amount payable 

to the State under this section for fiscal year 1998, an additional amount equal to the difference between such allotment and such greater amount. 

(B) RATABLE REDUCTION OF CERTAIN ALLOTMENTS.—In 

the case of a State not described in subparagraph (A) of 

this paragraph for a fiscal year, the Secretary shall reduce 

the amount allotted to the State for the fiscal year under 

paragraph (1) by the amount that bears the same ratio to 

the sum of the differences determined under subparagraph 

(A) of this paragraph for the fiscal year as the excess of 

the amount so allotted over the greater of $500,000 or the 

amount payable to the State under this section for fiscal 

year 1998 bears to the sum of such excess amounts determined for all such States. 

(3) VOUCHER PROGRAM ALLOTMENT.—From the amount, if 

any, appropriated pursuant to subsection (h)(2) for a fiscal 

year, the Secretary may allot to each State with an application 

approved under subsection (b) for the fiscal year an amount 

equal to the State foster care ratio multiplied by the amount 

so specified. 

(4) STATE FOSTER CARE RATIO.—In this subsection, the term 

‘‘State foster care ratio’’ means the ratio of the number of children in foster care under a program of the State in the most 

recent fiscal year for which the information is available to the 

total number of children in foster care in all States for the 

most recent fiscal year. 

(d) USE OF FUNDS.— 

(1) IN GENERAL.—A State to which an amount is paid from 

its allotment under subsection (c) may use the amount in any 

manner that is reasonably calculated to accomplish the purposes of this section. 

(2) NO SUPPLANTATION OF OTHER FUNDS AVAILABLE FOR SAME

GENERAL PURPOSES.—The amounts paid to a State from its allotment under subsection (c) shall be used to supplement and 

not supplant any other funds which are available for the same 

general purposes in the State. 

(3) TWO-YEAR AVAILABILITY OF FUNDS.—Payments made to a 

State under this section for a fiscal year shall be expended by 

the State in the fiscal year or in the succeeding fiscal year. 

(4) REALLOCATION OF UNUSED FUNDS.—If a State does not 

apply for funds under this section for a fiscal year within such 

time as may be provided by the Secretary, the funds to which 

the State would be entitled for the fiscal year shall be reallocated to 1 or more other States on the basis of their relative 

need for additional payments under this section, as determined 

by the Secretary. 

(e) PENALTIES.— (1) USE OF GRANT IN VIOLATION OF THIS PART.—If the Secretary is made aware, by an audit conducted under chapter 75 

of title 31, United States Code, or by any other means, that a 

program receiving funds from an allotment made to a State 

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consistent with, or not disclosed in the State application approved under subsection (b), the Secretary shall assess a penalty against the State in an amount equal to not less than 1 

percent and not more than 5 percent of the amount of the allotment. 

(2) FAILURE TO COMPLY WITH DATA REPORTING REQUIRE- MENT.—The Secretary shall assess a penalty against a State 

that fails during a fiscal year to comply with an information 

collection plan implemented under subsection (f) in an amount 

equal to not less than 1 percent and not more than 5 percent 

of the amount allotted to the State for the fiscal year. 

(3) PENALTIES BASED ON DEGREE OF NONCOMPLIANCE.—The 

Secretary shall assess penalties under this subsection based on 

the degree of noncompliance. 

(f) DATA COLLECTION AND PERFORMANCE MEASUREMENT.— 

(1) IN GENERAL.—The Secretary, in consultation with State 

and local public officials responsible for administering independent living and other child welfare programs, child welfare 

advocates, Members of Congress, youth service providers, and 

researchers, shall— 

(A) develop outcome measures (including measures of 

educational attainment, high school diploma, employment, 

avoidance of dependency, homelessness, nonmarital childbirth, incarceration, and high-risk behaviors) that can be 

used to assess the performance of States in operating independent living programs; 

(B) identify data elements needed to track— 

(i) the number and characteristics of children receiving services under this section; 

(ii) the type and quantity of services being provided; 

and 

(iii) State performance on the outcome measures; 

and 

(C) develop and implement a plan to collect the needed 

information beginning with the second fiscal year beginning after the date of the enactment of this section. 

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

date of the enactment of this section, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report detailing the plans and timetable for collecting from the 

States the information described in paragraph (1) and a proposal to impose penalties consistent with paragraph (e)(2) on 

States that do not report data. 

(g) EVALUATIONS.— 

(1) IN GENERAL.—The Secretary shall conduct evaluations of 

such State programs funded under this section as the Secretary deems to be innovative or of potential national significance. The evaluation of any such program shall include information on the effects of the program on education, employment, and personal development. To the maximum extent 

practicable, the evaluations shall be based on rigorous scientific standards including random assignment to treatment 

and control groups. The Secretary is encouraged to work directly with State and local governments to design methods for 


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conducting the evaluations, directly or by grant, contract, or cooperative agreement. 

(2) FUNDING OF EVALUATIONS.—The Secretary shall reserve 

1.5 percent of the amount specified in subsection (h) for a fiscal 

year to carry out, during the fiscal year, evaluation, technical 

assistance, performance measurement, and data collection activities related to this section, directly or through grants, contracts, or cooperative agreements with appropriate entities. 

(h) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—To 

carry out this section and for payments to States under section 

474(a)(4), there are authorized to be appropriated to the Secretary 

for each fiscal year— (1) $140,000,000 or, beginning in fiscal year 2020, $143,000,000, which shall be available for all purposes under 

this section; and 

(2) an additional $60,000,000, which are authorized to be 

available for payments to States for education and training 

vouchers for youths who age out of foster care, to assist the 

youths to develop skills necessary to lead independent and productive lives. 

(i) EDUCATIONAL AND TRAINING VOUCHERS.—The following conditions shall apply to a State educational and training voucher program under this section: 

(1) Vouchers under the program may be available to youths 

otherwise eligible for services under the State program under 

this section. 

(2) For purposes of the voucher program, youths who, after 

attaining 16 years of age, are adopted from, or enter kinship 

guardianship from, foster care may be considered to be youths 

otherwise eligible for services under the State program under 

this section. 

(3) The State may allow youths participating in the voucher 

program on the date they attain 21 years of age to remain eligible until they attain 23 years of age, as long as they are enrolled in a postsecondary education or training program and 

are making satisfactory progress toward completion of that 

program. 

(4) The voucher or vouchers provided for an individual under 

this section— 

(A) may be available for the cost of attendance at an institution of higher education, as defined in section 102 of 

the Higher Education Act of 1965; and 

(B) shall not exceed the lesser of $5,000 per year or the 

total cost of attendance, as defined in section 472 of that 

Act. 

(5) The amount of a voucher under this section may be disregarded for purposes of determining the recipient’s eligibility 

for, or the amount of, any other Federal or Federally supported 

assistance, except that the total amount of educational assistance to a youth under this section and under other Federal and 

Federally supported programs shall not exceed the total cost of 

attendance, as defined in section 472 of the Higher Education 

Act of 1965, and except that the State agency shall take appropriate steps to prevent duplication of benefits under this and 

other Federal or Federally supported programs. 


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(6) The program is coordinated with other appropriate education and training programs. 

(j) AUTHORITY FOR AN INDIAN TRIBE, TRIBAL ORGANIZATION, OR

TRIBAL CONSORTIUM TO RECEIVE AN ALLOTMENT.— (1) IN GENERAL.—An Indian tribe, tribal organization, or 

tribal consortium with a plan approved under section 479B, or 

which is receiving funding to provide foster care under this 

part pursuant to a cooperative agreement or contract with a 

State, may apply for an allotment out of any funds authorized 

by paragraph (1) or (2) (or both) of subsection (h) of this section. 

(2) APPLICATION.—A tribe, organization, or consortium desiring an allotment under paragraph (1) of this subsection shall 

submit an application to the Secretary to directly receive such 

allotment that includes a plan which— 

(A) satisfies such requirements of paragraphs (2) and (3) 

of subsection (b) as the Secretary determines are appropriate; 

(B) contains a description of the tribe’s, organization’s, or 

consortium’s consultation process regarding the programs 

to be carried out under the plan with each State for which 

a portion of an allotment under subsection (c) would be redirected to the tribe, organization, or consortium; and 

(C) contains an explanation of the results of such consultation, particularly with respect to— 

(i) determining the eligibility for benefits and services of Indian children to be served under the programs to be carried out under the plan; and 

(ii) the process for consulting with the State in order 

to ensure the continuity of benefits and services for 

such children who will transition from receiving benefits and services under programs carried out under a 

State plan under subsection (b)(2) to receiving benefits 

and services under programs carried out under a plan 

under this subsection. 

(3) PAYMENTS.—The Secretary shall pay an Indian tribe, 

tribal organization, or tribal consortium with an application 

and plan approved under this subsection from the allotment 

determined for the tribe, organization, or consortium under 

paragraph (4) of this subsection in the same manner as is provided in section 474(a)(4) (and, where requested, and if funds 

are appropriated, section 474(e)) with respect to a State, or in 

such other manner as is determined appropriate by the Secretary, except that in no case shall an Indian tribe, a tribal organization, or a tribal consortium receive a lesser proportion of 

such funds than a State is authorized to receive under those 

sections. 

(4) ALLOTMENT.—From the amounts allotted to a State 

under subsection (c) of this section for a fiscal year, the Secretary shall allot to each Indian tribe, tribal organization, or 

tribal consortium with an application and plan approved under 

this subsection for that fiscal year an amount equal to the tribal foster care ratio determined under paragraph (5) of this subsection for the tribe, organization, or consortium multiplied by 

the allotment amount of the State within which the tribe, orgaVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00142 Fmt 6659 Sfmt 6602 E:\HR\OC\HR628.XXX HR628

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nization, or consortium is located. The allotment determined 

under this paragraph is deemed to be a part of the allotment 

determined under section 477(c) for the State in which the Indian tribe, tribal organization, or tribal consortium is located. 

(5) TRIBAL FOSTER CARE RATIO.—For purposes of paragraph 

(4), the tribal foster care ratio means, with respect to an Indian tribe, tribal organization, or tribal consortium, the ratio 

of— 

(A) the number of children in foster care under the responsibility of the Indian tribe, tribal organization, or tribal consortium (either directly or under supervision of the 

State), in the most recent fiscal year for which the information is available; to 

(B) the sum of— 

(i) the total number of children in foster care under 

the responsibility of the State within which the Indian 

tribe, tribal organization, or tribal consortium is located; and 

(ii) the total number of children in foster care under 

the responsibility of all Indian tribes, tribal organizations, or tribal consortia in the State (either directly or 

under supervision of the State) that have a plan approved under this subsection. 

* * * * * * * 

SEC. 479A. ANNUAL REPORT. 

(a) IN GENERAL.—The Secretary, in consultation with Governors, 

State legislatures, State and local public officials responsible for 

administering child welfare programs, and child welfare advocates, 

shall— 

(1) develop a set of outcome measures (including length of 

stay in foster care, number of foster care placements, and number of adoptions) that can be used to assess the performance 

of States in operating child protection and child welfare programs pursuant to parts B and E to ensure the safety of children; 

(2) to the maximum extent possible, the outcome measures 

should be developed from data available from the Adoption and 

Foster Care Analysis and Reporting System; 

(3) develop a system for rating the performance of States 

with respect to the outcome measures, and provide to the 

States an explanation of the rating system and how scores are 

determined under the rating system; 

(4) prescribe such regulations as may be necessary to ensure 

that States provide to the Secretary the data necessary to determine State performance with respect to each outcome measure, as a condition of the State receiving funds under this part; 

(5) on May 1, 1999, and annually thereafter, prepare and 

submit to the Congress a report on the performance of each 

State on each outcome measure, which shall examine the reasons for high performance and low performance and, where 

possible, make recommendations as to how State performance 

could be improved; 


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(6) include in the report submitted pursuant to paragraph (5) 

for fiscal year 2007 or any succeeding fiscal year, State-byState data on— 

(A) the percentage of children in foster care under the 

responsibility of the State who were visited on a monthly 

basis by the caseworker handling the case of the child; 

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

a monthly basis to children in foster care under the responsibility of the State during a fiscal year as a percentage of the total number of the visits that would occur during the fiscal year if each child were so visited once every 

month while in such care; and 

(C) the percentage of the visits that occurred in the residence of the child; and 

(7) include in the report submitted pursuant to paragraph (5) 

for fiscal year 2016 or any succeeding fiscal year, State-byState data on— 

(A) children in foster care who have been placed in a 

child care institution or other setting that is not a foster 

family home, including— 

(i) the number of children in the placements and 

their ages, including separately, the number and ages 

of children who have a permanency plan of another 

planned permanent living arrangement; 

(ii) the duration of the placement in the settings (including for children who have a permanency plan of 

another planned permanent living arrangement); 

(iii) the types of child care institutions used (including group homes, residential treatment, shelters, or 

other congregate care settings); 

(iv) with respect to each child care institution or 

other setting that is not a foster family home, the 

number of children in foster care residing in each such 

institution or non-foster family home; 

(v) any clinically diagnosed special need of such children; and 

(vi) the extent of any specialized education, treatment, counseling, or other services provided in the settings; and 

(B) children in foster care who are pregnant or parenting. 

(b) CONSULTATION ON OTHER ISSUES.—The Secretary shall consult with States and organizations with an interest in child welfare, including organizations that provide adoption and foster care 

services, and shall take into account requests from Members of 

Congress, in selecting other issues to be analyzed and reported on 

under this section using data available to the Secretary, including 

data reported by States through the Adoption and Foster Care 

Analysis and Reporting System and to the National Youth in Transition Database. 

SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS. 

(a) DEFINITIONS OF INDIAN TRIBE; TRIBAL ORGANIZATIONS.—In 

this section, the terms ‘‘Indian tribe’’ and ‘‘tribal organization’’ have 


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the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). 

(b) AUTHORITY.—Except as otherwise provided in this section, 

this part shall apply in the same manner as this part applies to 

a State to an Indian tribe, tribal organization, or tribal consortium 

that elects to operate a program under this part and has a plan approved by the Secretary under section 471 in accordance with this 

section. 

(c) PLAN REQUIREMENTS.— (1) IN GENERAL.—An Indian tribe, tribal organization, or 

tribal consortium that elects to operate a program under this 

part shall include with its plan submitted under section 471 

the following: 

(A) FINANCIAL MANAGEMENT.—Evidence demonstrating 

that the tribe, organization, or consortium has not had any 

uncorrected significant or material audit exceptions under 

Federal grants or contracts that directly relate to the administration of social services for the 3-year period prior to 

the date on which the plan is submitted. 

(B) SERVICE AREAS AND POPULATIONS.—For purposes of 

complying with section 471(a)(3), a description of the service area or areas and populations to be served under the 

plan and an assurance that the plan shall be in effect in 

all service area or areas and for all populations served by 

the tribe, organization, or consortium. 

(C) ELIGIBILITY.— (i) IN GENERAL.—Subject to clause (ii) of this subparagraph, an assurance that the plan will provide— 

(I) foster care maintenance payments under section 472 only on behalf of children who satisfy the 

eligibility requirements of section 472(a); 

(II) adoption assistance payments under section 

473 pursuant to adoption assistance agreements 

only on behalf of children who satisfy the eligibility requirements for such payments under that 

section; and 

(III) at the option of the tribe, organization, or 

consortium, kinship guardianship assistance payments in accordance with section 473(d) only on 

behalf of children who meet the requirements of 

section 473(d)(3). 

(ii) SATISFACTION OF FOSTER CARE ELIGIBILITY REQUIREMENTS.—For purposes of determining whether a 

child whose placement and care are the responsibility 

of an Indian tribe, tribal organization, or tribal consortium with a plan approved under section 471 in accordance with this section satisfies the requirements 

of section 472(a), the following shall apply: 

(I) USE OF AFFIDAVITS, ETC.—Only with respect 

to the first 12 months for which such plan is in effect, the requirement in paragraph (1) of section 

472(a) shall not be interpreted so as to prohibit 

the use of affidavits or nunc pro tunc orders as 

verification documents in support of the reasonable efforts and contrary to the welfare of the 


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child judicial determinations required under that 

paragraph. 

(II) AFDC ELIGIBILITY REQUIREMENT.—The State 

plan approved under section 402 (as in effect on 

July 16, 1996) of the State in which the child resides at the time of removal from the home shall 

apply to the determination of whether the child 

satisfies section 472(a)(3). 

(D) OPTION TO CLAIM IN-KIND EXPENDITURES FROM

THIRD-PARTY SOURCES FOR NON-FEDERAL SHARE OF ADMIN- ISTRATIVE AND TRAINING COSTS DURING INITIAL IMPLEMENTATION PERIOD.—Only for fiscal year quarters beginning 

after September 30, 2009, and before October 1, 2014, a 

list of the in-kind expenditures (which shall be fairly evaluated, and may include plants, equipment, administration, 

or services) and the third-party sources of such expenditures that the tribe, organization, or consortium may claim 

as part of the non-Federal share of administrative or training expenditures attributable to such quarters for purposes 

of receiving payments under section 474(a)(3). The Secretary shall permit a tribe, organization, or consortium to 

claim in-kind expenditures from third party sources for 

such purposes during such quarters subject to the following: 

(i) NO EFFECT ON AUTHORITY FOR TRIBES, ORGANIZA- TIONS, OR CONSORTIA TO CLAIM EXPENDITURES OR INDI- RECT COSTS TO THE SAME EXTENT AS STATES.—Nothing 

in this subparagraph shall be construed as preventing 

a tribe, organization, or consortium from claiming any 

expenditures or indirect costs for purposes of receiving 

payments under section 474(a) that a State with a 

plan approved under section 471(a) could claim for 

such purposes. 

(ii) FISCAL YEAR 2010 OR 2011.— 

(I) EXPENDITURES OTHER THAN FOR TRAINING.— With respect to amounts expended during a fiscal 

year quarter beginning after September 30, 2009, 

and before October 1, 2011, for which the tribe, organization, or consortium is eligible for payments 

under subparagraph (C), (D), or (E) of section 

474(a)(3), not more than 25 percent of such 

amounts may consist of in-kind expenditures from 

third-party sources specified in the list required 

under this subparagraph to be submitted with the 

plan. 

(II) TRAINING EXPENDITURES.—With respect to 

amounts expended during a fiscal year quarter beginning after September 30, 2009, and before October 1, 2011, for which the tribe, organization, or 

consortium is eligible for payments under subparagraph (A) or (B) of section 474(a)(3), not more 

than 12 percent of such amounts may consist of 

in-kind expenditures from third-party sources that 

are specified in such list and described in subclause (III). 


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(III) SOURCES DESCRIBED.—For purposes of subclause (II), the sources described in this subclause 

are the following: 

(aa) A State or local government. 

(bb) An Indian tribe, tribal organization, or 

tribal consortium other than the tribe, organization, or consortium submitting the plan. 

(cc) A public institution of higher education. 

(dd) A Tribal College or University (as defined in section 316 of the Higher Education 

Act of 1965 (20 U.S.C. 1059c)). 

(ee) A private charitable organization. 

(iii) FISCAL YEAR 2012, 2013, OR 2014.— 

(I) IN GENERAL.—Except as provided in subclause (II) of this clause and clause (v) of this subparagraph, with respect to amounts expended during any fiscal year quarter beginning after September 30, 2011, and before October 1, 2014, for 

which the tribe, organization, or consortium is eligible for payments under any subparagraph of 

section 474(a)(3) of this Act, the only in-kind expenditures from third-party sources that may be 

claimed by the tribe, organization, or consortium 

for purposes of determining the non-Federal share 

of such expenditures (without regard to whether 

the expenditures are specified on the list required 

under this subparagraph to be submitted with the 

plan) are in-kind expenditures that are specified 

in regulations promulgated by the Secretary 

under section 301(e)(2) of the Fostering Connections to Success and Increasing Adoptions Act of 

2008 and are from an applicable third-party 

source specified in such regulations, and do not 

exceed the applicable percentage for claiming such 

in-kind expenditures specified in the regulations. 

(II) TRANSITION PERIOD FOR EARLY APPROVED

TRIBES, ORGANIZATIONS, OR CONSORTIA.—Subject 

to clause (v), if the tribe, organization, or consortium is an early approved tribe, organization, or 

consortium (as defined in subclause (III) of this 

clause), the Secretary shall not require the tribe, 

organization, or consortium to comply with such 

regulations before October 1, 2013. Until the earlier of the date such tribe, organization, or consortium comes into compliance with such regulations 

or October 1, 2013, the limitations on the claiming 

of in-kind expenditures from third-party sources 

under clause (ii) shall continue to apply to such 

tribe, organization, or consortium (without regard 

to fiscal limitation) for purposes of determining 

the non-Federal share of amounts expended by 

the tribe, organization, or consortium during any 

fiscal year quarter that begins after September 30, 

2011, and before such date of compliance or October 1, 2013, whichever is earlier. 


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(III) DEFINITION OF EARLY APPROVED TRIBE, ORGANIZATION, OR CONSORTIUM.—For purposes of 

subclause (II) of this clause, the term ‘‘early approved tribe, organization, or consortium’’ means 

an Indian tribe, tribal organization, or tribal consortium that had a plan approved under section 

471 in accordance with this section for any quarter of fiscal year 2010 or 2011. 

(iv) FISCAL YEAR 2015 AND THEREAFTER.—Subject to 

clause (v) of this subparagraph, with respect to 

amounts expended during any fiscal year quarter beginning after September 30, 2014, for which the tribe, 

organization, or consortium is eligible for payments 

under any subparagraph of section 474(a)(3) of this 

Act, in-kind expenditures from third-party sources 

may be claimed for purposes of determining the nonFederal share of expenditures under any subparagraph of such section 474(a)(3) only in accordance with 

the regulations promulgated by the Secretary under 

section 301(e)(2) of the Fostering Connections to Success and Increasing Adoptions Act of 2008. 

(v) CONTINGENCY RULE.—If, at the time expenditures are made for a fiscal year quarter beginning 

after September 30, 2011, and before October 1, 2014, 

for which a tribe, organization, or consortium may receive payments for under section 474(a)(3) of this Act, 

no regulations required to be promulgated under section 301(e)(2) of the Fostering Connections to Success 

and Increasing Adoptions Act of 2008 are in effect, and 

no legislation has been enacted specifying otherwise— 

(I) in the case of any quarter of fiscal year 2012, 

2013, or 2014, the limitations on claiming in-kind 

expenditures from third-party sources under 

clause (ii) of this subparagraph shall apply (without regard to fiscal limitation) for purposes of determining the non-Federal share of such expenditures; and 

(II) in the case of any quarter of fiscal year 2015 

or any fiscal year thereafter, no tribe, organization, or consortium may claim in-kind expenditures from third-party sources for purposes of determining the non-Federal share of such expenditures if a State with a plan approved under section 471(a) of this Act could not claim in-kind expenditures from third-party sources for such purposes. 

(2) CLARIFICATION OF TRIBAL AUTHORITY TO ESTABLISH

STANDARDS FOR TRIBAL FOSTER FAMILY HOMES AND TRIBAL

CHILD CARE INSTITUTIONS.—For purposes of complying with 

section 471(a)(10), an Indian tribe, tribal organization, or tribal 

consortium shall establish and maintain a tribal authority or 

authorities which shall be responsible for establishing and 

maintaining tribal standards for tribal foster family homes and 

tribal child care institutions. 


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149 

(3) CONSORTIUM.—The participating Indian tribes or tribal 

organizations of a tribal consortium may develop and submit 

a single plan under section 471 that meets the requirements 

of this section. 

(d) DETERMINATION OF FEDERAL MEDICAL ASSISTANCE PERCENTAGE FOR FOSTER CARE MAINTENANCE AND ADOPTION ASSISTANCE

PAYMENTS.— 

(1) PER CAPITA INCOME.—For purposes of determining the 

Federal medical assistance percentage applicable to an Indian 

tribe, a tribal organization, or a tribal consortium under paragraphs (1), (2), and (5) of section 474(a), the calculation of the 

per capita income of the Indian tribe, tribal organization, or 

tribal consortium shall be based upon the service population of 

the Indian tribe, tribal organization, or tribal consortium, except that in no case shall an Indian tribe, a tribal organization, 

or a tribal consortium receive less than the Federal medical assistance percentage for any State in which the tribe, organization, or consortium is located. 

(2) CONSIDERATION OF OTHER INFORMATION.—Before making 

a calculation under paragraph (1), the Secretary shall consider 

any information submitted by an Indian tribe, a tribal organization, or a tribal consortium that the Indian tribe, tribal organization, or tribal consortium considers relevant to making the 

calculation of the per capita income of the Indian tribe, tribal 

organization, or tribal consortium. 

(e) NONAPPLICATION TO COOPERATIVE AGREEMENTS AND CONTRACTS.—Any cooperative agreement or contract entered into between an Indian tribe, a tribal organization, or a tribal consortium 

and a State for the administration or payment of funds under this 

part that is in effect as of the date of enactment of this section 

shall remain in full force and effect, subject to the right of either 

party to the agreement or contract to revoke or modify the agreement or contract pursuant to the terms of the agreement or contract. Nothing in this section shall be construed as affecting the authority for an Indian tribe, a tribal organization, or a tribal consortium and a State to enter into a cooperative agreement or contract 

for the administration or payment of funds under this part. 

(f) JOHN H. CHAFEE FOSTER CARE INDEPENDENCE PROGRAM.— 

Except as provided in section 477(j), subsection (b) of this section 

shall not apply with respect to the John H. Chafee Foster Care 

Independence Program established under section 477 (or with respect to payments made under section 474(a)(4) or grants made 

under section 474(e)). 

(g) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed as affecting the application of section 472(h) to a child 

on whose behalf payments are paid under section 472, or the application of section 473(b) to a child on whose behalf payments are 

made under section 473 pursuant to an adoption assistance agreement or a kinship guardianship assistance agreement, by an Indian tribe, tribal organization, or tribal consortium that elects to 

operate a foster care and adoption assistance program in accordance with this section. 

* * * * * * * 


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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 italics, 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, new matter is printed 

in italics, 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 1—Stephanie Tubbs Jones Child Welfare 

Services Program 

* * * * * * * 

STATE PLANS FOR CHILD WELFARE SERVICES

SEC. 422. (a) In order to be eligible for payment under this subpart, a State must have a plan for child welfare services which has 

been developed jointly by the Secretary and the State agency designated pursuant to subsection (b)(1), and which meets the requirements of subsection (b). 

(b) Each plan for child welfare services under this subpart 

shall— 

(1) provide that (A) the individual or agency that administers 

or supervises the administration of the State’s services program under subtitle 1 of title XX will administer or supervise 

the administration of the plan (except as otherwise provided in 

section 103(d) of the Adoption Assistance and Child Welfare 

Act of 1980), and (B) to the extent that child welfare services 

are furnished by the staff of the State agency or local agency 

administering the plan, a single organizational unit in such 

State or local agency, as the case may be, will be responsible 

for furnishing such child welfare services; 

(2) provide for coordination between the services provided for 

children under the plan and the services and assistance provided under subtitle 1 of title XX, under the State program 


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funded under part A, under the State plan approved under 

subpart 2 of this part, under the State plan approved under 

the State plan approved under part E, and under other State 

programs having a relationship to the program under this subpart, with a view to provision of welfare and related services 

which will best promote the welfare of such children and their 

families; 

(3) include a description of the services and activities which 

the State will fund under the State program carried out pursuant to this subpart, and how the services and activities will 

achieve the purpose of this subpart; 

(4) contain a description of— 

(A) the steps the State will take to provide child welfare 

services statewide and to expand and strengthen the range 

of existing services and develop and implement services to 

improve child outcomes; and 

(B) the child welfare services staff development and 

training plans of the State; 

(5) provide, in the development of services for children, for 

utilization of the facilities and experience of voluntary agencies 

in accordance with State and local programs and arrangements, as authorized by the State; 

(6) provide that the agency administering or supervising the 

administration of the plan will furnish such reports, containing 

such information, and participate in such evaluations, as the 

Secretary may require; 

(7) provide for the diligent recruitment of potential foster 

and adoptive families that reflect the ethnic and racial diversity of children in the State for whom foster and adoptive 

homes are needed; 

(8) provide assurances that the State— 

(A) is operating, to the satisfaction of the Secretary— 

(i) a statewide information system from which can 

be readily determined the status, demographic characteristics, location, and goals for the placement of every 

child who is (or, within the immediately preceding 12 

months, has been) in foster care; 

(ii) a case review system (as defined in section 

475(5) and in accordance with the requirements of section 475A) for each child receiving foster care under 

the supervision of the State; 

(iii) a service program designed to help children— 

(I) where safe and appropriate, return to families from which they have been removed; or 

(II) be placed for adoption, with a legal guardian, or if adoption or legal guardianship is determined not to be appropriate for a child, in some 

other planned, permanent living arrangement, 

subject to the requirements of sections 475(5)(C) 

and 475A(a), which may include a residential educational program; and 

(iv) a preplacement preventive services program designed to help children at risk of foster care placement 

remain safely with their families; and 


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152 

(B) has in effect policies and administrative and judicial 

procedures for children abandoned at or shortly after birth 

(including policies and procedures providing for legal representation of the children) which enable permanent decisions to be made expeditiously with respect to the placement of the children; 

(9) contain a description, developed after consultation with 

tribal organizations (as defined in section 4 of the Indian SelfDetermination and Education Assistance Act) in the State, of 

the specific measures taken by the State to comply with the Indian Child Welfare Act; 

(10) contain assurances that the State shall make effective 

use of cross-jurisdictional resources (including through contracts for the purchase of services), and shall eliminate legal 

barriers, to facilitate timely adoptive or permanent placements 

for waiting children; 

(11) contain a description of the activities that the State has 

undertaken for children adopted from other countries, including the provision of adoption and post-adoption services; 

(12) provide that the State shall collect and report information on children who are adopted from other countries and who 

enter into State custody as a result of the disruption of a placement for adoption or the dissolution of an adoption, including 

the number of children, the agencies who handled the placement or adoption, the plans for the child, and the reasons for 

the disruption or dissolution; 

(13) demonstrate substantial, ongoing, and meaningful collaboration with State courts in the development and implementation of the State plan under subpart 1, the State plan approved under subpart 2, and the State plan approved under 

part E, and in the development and implementation of any program improvement plan required under section 1123A; 

(14) not later than October 1, 2007, include assurances that 

not more than 10 percent of the expenditures of the State with 

respect to activities funded from amounts provided under this 

subpart will be for administrative costs; 

(15)(A) provides that the State will develop, in coordination 

and collaboration with the State agency referred to in paragraph (1) and the State agency responsible for administering 

the State plan approved under title XIX, and in consultation 

with pediatricians, other experts in health care, and experts in 

and recipients of child welfare services, a plan for the ongoing 

oversight and coordination of health care services for any child 

in a foster care placement, which shall ensure a coordinated 

strategy to identify and respond to the health care needs of 

children in foster care placements, including mental health and 

dental health needs, and shall include an outline of— 

(i) a schedule for initial and follow-up health 

screenings that meet reasonable standards of medical 

practice; 

(ii) how health needs identified through screenings 

will be monitored and treated, including emotional 

trauma associated with a child’s maltreatment and removal from home; 


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153 

(iii) how medical information for children in care 

will be updated and appropriately shared, which may 

include the development and implementation of an 

electronic health record; 

(iv) steps to ensure continuity of health care services, which may include the establishment of a medical 

home for every child in care; 

(v) the oversight of prescription medicines, including 

protocols for the appropriate use and monitoring of 

psychotropic medications; 

(vi) how the State actively consults with and involves physicians or other appropriate medical or nonmedical professionals in assessing the health and wellbeing of children in foster care and in determining appropriate medical treatment for the children; øand¿ 

(vii) the procedures and protocols the State has established to ensure that children in foster care placements are not inappropriately diagnosed with mental 

illness, other emotional or behavioral disorders, medically fragile conditions, or developmental disabilities, 

and placed in settings that are not foster family homes 

as a result of the inappropriate diagnoses; and 

ø(vii)¿ (viii) steps to ensure that the components of 

the transition plan development process required 

under section 475(5)(H) that relate to the health care 

needs of children aging out of foster care, including 

the requirements to include options for health insurance, information about a health care power of attorney, health care proxy, or other similar document recognized under State law, and to provide the child with 

the option to execute such a document, are met; and 

(B) subparagraph (A) shall not be construed to reduce or 

limit the responsibility of the State agency responsible for administering the State plan approved under title XIX to administer and provide care and services for children with respect to 

whom services are provided under the State plan developed 

pursuant to this subpart; 

(16) provide that, not later than 1 year after the date of the 

enactment of this paragraph, the State shall have in place procedures providing for how the State programs assisted under 

this subpart, subpart 2 of this part, or part E would respond 

to a disaster, in accordance with criteria established by the 

Secretary which should include how a State would— 

(A) identify, locate, and continue availability of services 

for children under State care or supervision who are displaced or adversely affected by a disaster; 

(B) respond, as appropriate, to new child welfare cases 

in areas adversely affected by a disaster, and provide services in those cases; 

(C) remain in communication with caseworkers and 

other essential child welfare personnel who are displaced 

because of a disaster; 

(D) preserve essential program records; and 

(E) coordinate services and share information with other 

States; 


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154 

(17) not later than October 1, 2007, describe the State standards for the content and frequency of caseworker visits for children who are in foster care under the responsibility of the 

State, which, at a minimum, ensure that the children are visited on a monthly basis and that the caseworker visits are 

well-planned and focused on issues pertinent to case planning 

and service delivery to ensure the safety, permanency, and 

well-being of the children; 

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

undertaken to reduce the length of time children who have not 

attained 5 years of age are without a permanent family, and 

the activities the State undertakes to address the developmental needs of øsuch children¿ all vulnerable children under 

5 years of age who receive benefits or services under this part 

or part E; and 

ø(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.¿ 

(19) document steps taken to track and prevent child maltreatment deaths by including— 

(A) a description of the steps the State is taking to compile complete and accurate information on the deaths required by Federal law to be reported by the State agency 

referred to in paragraph (1), including gathering relevant 

information on the deaths from the relevant organizations 

in the State including entities such as State vital statistics 

department, child death review teams, law enforcement 

agencies, offices of medical examiners or coroners; and 

(B) a description of the steps the state is taking to develop 

and implement of a comprehensive, statewide plan to prevent the fatalities that involves and engages relevant public 

and private agency partners, including those in public 

health, law enforcement, and the courts. 

(c) DEFINITIONS.—In this subpart: 

(1) ADMINISTRATIVE COSTS.—The term ‘‘administrative costs’’ 

means costs for the following, but only to the extent incurred 

in administering the State plan developed pursuant to this 

subpart: procurement, payroll management, personnel functions (other than the portion of the salaries of supervisors attributable to time spent directly supervising the provision of 

services by caseworkers), management, maintenance and operation of space and property, data processing and computer 

services, accounting, budgeting, auditing, and travel expenses 

(except those related to the provision of services by caseworkers or the oversight of programs funded under this subpart). 

(2) OTHER TERMS.—For definitions of other terms used in 

this part, see section 475. 

* * * * * * * 


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LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS

SEC. 425. To carry out this subpart (other than sections 426, 427, 

and 429), there are authorized to be appropriated to the Secretary 

not more than $325,000,000 for each of fiscal years ø2012 through 

2016¿ 2017 through 2021. 

* * * * * * * 

Subpart 2—Promoting Safe and Stable Families 

SEC. 430. PURPOSE. 

The purpose of this program is to enable States to develop and 

establish, or expand, and to operate coordinated programs of community-based family support services, family preservation services, 

øtime-limited¿ family reunification services, and adoption promotion and support services to accomplish the following objectives: 

(1) To prevent child maltreatment among families at risk 

through the provision of supportive family services. 

(2) To assure children’s safety within the home and preserve 

intact families in which children have been maltreated, when 

the family’s problems can be addressed effectively. 

(3) To address the problems of families whose children have 

been placed in foster care so that reunification may occur in a 

safe and stable manner in accordance with the Adoption and 

Safe Families Act of 1997. 

(4) To support adoptive families by providing support services as necessary so that they can make a lifetime commitment 

to their children. 

SEC. 431. DEFINITIONS. 

(a) IN GENERAL.—As used in this subpart: 

(1) FAMILY PRESERVATION SERVICES.—The term ‘‘family preservation services’’ means services for children and families designed to help families (including adoptive and extended families) at risk or in crisis, including— 

(A) service programs designed to help children— 

(i) where safe and appropriate, return to families 

from which they have been removed; or 

(ii) be placed for adoption, with a legal guardian, or, 

if adoption or legal guardianship is determined not to 

be safe and appropriate for a child, in some other 

planned, permanent living arrangement; 

(B) preplacement preventive services programs, such as 

intensive family preservation programs, designed to help 

children at risk of foster care placement remain safely 

with their families; 

(C) service programs designed to provide followup care to 

families to whom a child has been returned after a foster 

care placement; 

(D) respite care of children to provide temporary relief 

for parents and other caregivers (including foster parents); 

(E) services designed to improve parenting skills (by reinforcing parents’ confidence in their strengths, and helping them to identify where improvement is needed and to 

obtain assistance in improving those skills) with respect to 


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156 

matters such as child development, family budgeting, coping with stress, health, and nutrition; and 

(F) infant safe haven programs to provide a way for a 

parent to safely relinquish a newborn infant at a safe 

haven designated pursuant to a State law. 

(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 support and retain foster families so they can 

provide quality family-based settings for children in 

foster care. 

ø(iii)¿ (iv) To increase parents’ confidence and competence in their parenting abilities. 

ø(iv)¿ (v) To afford children a safe, stable, and supportive family environment. 

ø(v)¿ (vi) To strengthen parental relationships and 

promote healthy marriages. 

ø(vi)¿ (vii) To enhance child development, including 

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

(3) STATE AGENCY.—The term ‘‘State agency’’ means the 

State agency responsible for administering the program under 

subpart 1. 

(4) STATE.—The term ‘‘State’’ includes an Indian tribe or 

tribal organization, in addition to the meaning given such term 

for purposes of subpart 1. 

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

given the term in section 428(c). 

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

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

(7) øTIME-LIMITED FAMILY¿ FAMILY REUNIFICATION SERVICES.— 

(A) IN GENERAL.—The term ‘‘øtime-limited family¿ family reunification services’’ means the services and activities 

described in subparagraph (B) that are provided to a child 

that is removed from the child’s home and placed in a foster family home or a child care institution or a child who 

has been returned home and to the parents or primary 

caregiver of such a child, in order to facilitate the reunification of the child safely and appropriately within a timely 

fashionø, but only during the 15-month period that begins 

on the date that the child, pursuant to section 475(5)(F), 

is considered to have entered foster care¿ and to ensure the 

strength and stability of the reunification. In the case of a 

child who has been returned home, the services and activities shall only be provided during the 15-month period that 

begins on the date that the child returns home. 


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(B) SERVICES AND ACTIVITIES DESCRIBED.—The services 

and activities described in this subparagraph are the following: 

(i) Individual, group, and family counseling. 

(ii) Inpatient, residential, or outpatient substance 

abuse treatment services. 

(iii) Mental health services. 

(iv) Assistance to address domestic violence. 

(v) Services designed to provide temporary child care 

and therapeutic services for families, including crisis 

nurseries. 

(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. 

(viii) Transportation to or from any of the services 

and activities described in this subparagraph. 

(8) ADOPTION PROMOTION AND SUPPORT SERVICES.—The term 

‘‘adoption promotion and support services’’ means services and 

activities designed to encourage more adoptions out of the foster care system, when adoptions promote the best interests of 

children, including such activities as pre- and post-adoptive 

services and activities designed to expedite the adoption process and support adoptive families. 

(9) NON-FEDERAL FUNDS.—The term ‘‘non-Federal funds’’ 

means State funds, or at the option of a State, State and local 

funds. 

(b) OTHER TERMS.—For other definitions of other terms used in 

this subpart, see section 475. 

SEC. 432. STATE PLANS. 

(a) PLAN REQUIREMENTS.—A State plan meets the requirements 

of this subsection if the plan— 

(1) provides that the State agency shall administer, or supervise the administration of, the State program under this subpart; 

(2)(A)(i) sets forth the goals intended to be accomplished 

under the plan by the end of the 5th fiscal year in which the 

plan is in operation in the State, and (ii) is updated periodically to set forth the goals intended to be accomplished under 

the plan by the end of each 5th fiscal year thereafter; 

(B) describes the methods to be used in measuring progress 

toward accomplishment of the goals; 

(C) contains assurances that the State— 

(i) after the end of each of the 1st 4 fiscal years covered 

by a set of goals, will perform an interim review of 

progress toward accomplishment of the goals, and on the 

basis of the interim review will revise the statement of 

goals in the plan, if necessary, to reflect changed circumstances; and 

(ii) after the end of the last fiscal year covered by a set 

of goals, will perform a final review of progress toward accomplishment of the goals, and on the basis of the final review (I) will prepare, transmit to the Secretary, and make 

available to the public a final report on progress toward 


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158 

accomplishment of the goals, and (II) will develop (in consultation with the entities required to be consulted pursuant to subsection (b)) and add to the plan a statement of 

the goals intended to be accomplished by the end of the 

5th succeeding fiscal year; 

(3) provides for coordination, to the extent feasible and appropriate, of the provision of services under the plan and the 

provision of services or benefits under other Federal or federally assisted programs serving the same populations; 

(4) contains assurances that not more than 10 percent of expenditures under the plan for any fiscal year with respect to 

which the State is eligible for payment under section 434 for 

the fiscal year shall be for administrative costs, and that the 

remaining expenditures shall be for programs of family preservation services, community-based family support services, 

øtime-limited¿ family reunification services, and adoption promotion and support services, with significant portions of such 

expenditures for each such program; 

(5) contains assurances that the State will— 

(A) annually prepare, furnish to the Secretary, and make 

available to the public a description (including separate descriptions with respect to family preservation services, 

community-based family support services, øtime-limited¿ 

family reunification services, and adoption promotion and 

support services) of— 

(i) the service programs to be made available under 

the plan in the immediately succeeding fiscal year; 

(ii) the populations which the programs will serve; 

and 

(iii) the geographic areas in the State in which the 

services will be available; and 

(B) perform the activities described in subparagraph 

(A)— 

(i) in the case of the 1st fiscal year under the plan, 

at the time the State submits its initial plan; and 

(ii) in the case of each succeeding fiscal year, by the 

end of the 3rd quarter of the immediately preceding 

fiscal year; 

(6) provides for such methods of administration as the Secretary finds to be necessary for the proper and efficient operation of the plan; 

(7)(A) contains assurances that Federal funds provided to the 

State under this subpart will not be used to supplant Federal 

or non-Federal funds for existing services and activities which 

promote the purposes of this subpart; and 

(B) provides that the State will furnish reports to the Secretary, at such times, in such format, and containing such information as the Secretary may require, that demonstrate the 

State’s compliance with the prohibition contained in subparagraph (A); 

(8)(A) provides that the State agency will furnish such reports, containing such information, and participate in such 

evaluations, as the Secretary may require; and 

(B) provides that, not later than June 30 of each year, the 

State will submit to the Secretary— 


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159 

(i) copies of form CFS–101 (including all parts and any 

successor forms) that report on planned child and family 

services expenditures by the agency for the immediately 

succeeding fiscal year; and 

(ii) copies of form CFS–101 (including all parts and any 

successor forms) that provide, with respect to the programs 

authorized under this subpart and subpart 1 and, at State 

option, other programs included on such forms, for the 

most recent preceding fiscal year for which reporting of actual expenditures is complete— 

(I) the numbers of families and of children served by 

the State agency; 

(II) the population served by the State agency; 

(III) the geographic areas served by the State agency; and 

(IV) the actual expenditures of funds provided to the 

State agency; 

(9) contains assurances that in administering and conducting 

service programs under the plan, the safety of the children to 

be served shall be of paramount concern; and 

(10) describes how the State identifies which populations are 

at the greatest risk of maltreatment and how services are targeted to the populations. 

(b) APPROVAL OF PLANS.— 

(1) IN GENERAL.—The Secretary shall approve a plan that 

meets the requirements of subsection (a) only if the plan was 

developed jointly by the Secretary and the State, after consultation by the State agency with appropriate public and nonprofit private agencies and community-based organizations 

with experience in administering programs of services for children and families (including family preservation, family support, øtime-limited¿ family reunification, and adoption promotion and support services). 

(2) PLANS OF INDIAN TRIBES OR TRIBAL CONSORTIA.— 

(A) EXEMPTION FROM INAPPROPRIATE REQUIREMENTS.— 

The Secretary may exempt a plan submitted by an Indian 

tribe or tribal consortium from the requirements of subsection (a)(4) of this section to the extent that the Secretary determines those requirements would be inappropriate to apply to the Indian tribe or tribal consortium, 

taking into account the resources, needs, and other circumstances of the Indian tribe or tribal consortium. 

(B) SPECIAL RULE.—Notwithstanding subparagraph (A) 

of this paragraph, the Secretary may not approve a plan 

of an Indian tribe or tribal consortium under this subpart 

to which (but for this subparagraph) an allotment of less 

than $10,000 would be made under section 433(a) if allotments were made under section 433(a) to all Indian tribes 

and tribal consortia with plans approved under this subpart with the same or larger numbers of children. 

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

(1) IN GENERAL.—The Secretary shall compile the reports required under subsection (a)(8)(B) and, not later than September 30 of each year, submit such compilation to the ComVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00159 Fmt 6659 Sfmt 6601 E:\HR\OC\HR628.XXX HR628

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mittee on Ways and Means of the House of Representatives 

and the Committee on Finance of the Senate. 

(2) INFORMATION TO BE INCLUDED.—The compilation shall include the individual State reports and tables that synthesize 

State information into national totals for each element required to be included in the reports, including planned and actual spending by service category for the program authorized 

under this subpart and planned spending by service category 

for the program authorized under subpart 1. 

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

each year, the Secretary shall publish the compilation on the 

website of the Department of Health and Human Services in 

a location easily accessible by the public. 

* * * * * * * 

SEC. 436. AUTHORIZATION OF APPROPRIATIONS; RESERVATION OF 

CERTAIN AMOUNTS. 

(a) AUTHORIZATION.—In addition to any amount otherwise made 

available to carry out this subpart, there are authorized to be appropriated to carry out this subpart $345,000,000 øfor each of fiscal 

years 2012 through 2016.¿ for each of fiscal years 2017 through 

2021. 

(b) RESERVATION OF CERTAIN AMOUNTS.—From the amount specified in subsection (a) for a fiscal year, the Secretary shall reserve 

amounts as follows: 

(1) EVALUATION, RESEARCH, TRAINING, AND TECHNICAL AS- SISTANCE.—The Secretary shall reserve $6,000,000 for expenditure by the Secretary— 

(A) for research, training, and technical assistance costs 

related to the program under this subpart; and 

(B) for evaluation of State programs based on the plans 

approved under section 432 and funded under this subpart, and any other Federal, State, or local program, regardless of whether federally assisted, that is designed to 

achieve the same purposes as the State programs. 

(2) STATE COURT IMPROVEMENTS.—The Secretary shall re- serve $30,000,000 for grants under section 438. 

(3) INDIAN TRIBES OR TRIBAL CONSORTIA.—After applying 

paragraphs (4) and (5) (but before applying paragraphs (1) or 

(2)), the Secretary shall reserve 3 percent for allotment to Indian tribes or tribal consortia in accordance with section 

433(a). 

(4) SUPPORT FOR MONTHLY CASEWORKER VISITS.— 

(A) RESERVATION.—The Secretary shall reserve for allotment in accordance with section 433(e) $20,000,000 for 

each of fiscal years ø2012 through 2016¿ 2017 through 

2021. 

(B) USE OF FUNDS.— 

(i) IN GENERAL.—A State to which an amount is paid 

from amounts reserved under subparagraph (A) shall 

use the amount to improve the quality of monthly 

caseworker visits with children who are in foster care 

under the responsibility of the State, with an emphasis on improving caseworker decision making on the 

safety, permanency, and well-being of foster children 


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161 

and on activities designed to increase retention, recruitment, and training of caseworkers. 

(ii) NONSUPPLANTATION.—A State to which an 

amount is paid from amounts reserved pursuant to 

subparagraph (A) shall not use the amount to supplant any Federal funds paid to the State under part 

E that could be used as described in clause (i). 

(5) REGIONAL PARTNERSHIP GRANTS.—The Secretary shall re- serve for awarding grants under section 437(f) $20,000,000 for 

each of fiscal years ø2012 through 2016¿ 2017 through 2021. (c) SUPPORT FOR FOSTER FAMILY HOMES.—Out of any money in 

the Treasury of the United States not otherwise appropriated, there 

are appropriated to the Secretary for fiscal year 2018, $8,000,000 

for the Secretary to make competitive grants to States, Indian tribes, 

or tribal consortia to support the recruitment and retention of highquality foster families to increase their capacity to place more children in family settings, focused on States, Indian tribes, or tribal 

consortia with the highest percentage of children in non-family settings. The amount appropriated under this subparagraph shall remain available through fiscal year 2022. 

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 ø2012 through 2016¿ 2017 

through 2021. (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 AS- SISTANCE.—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). 

(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 


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162 

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 øINCREASE THE WELL-BEING OF, AND

TO IMPROVE THE PERMANENCY OUTCOMES FOR, CHILDREN AFFECTED BY¿ IMPLEMENT IV-E PREVENTION SERVICES, AND IMPROVE

THE WELL-BEING OF, AND IMPROVE PERMANENCY OUTCOMES FOR, 

CHILDREN AND FAMILIES AFFECTED BY HEROIN, OPIOIDS, AND

OTHER SUBSTANCE ABUSE.— (1) PURPOSE.—The purpose of this subsection is to authorize 

the Secretary to make competitive grants to regional partnerships to provide, through interagency collaboration and integration of programs and services, services and activities that 

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

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

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

ø(2) REGIONAL PARTNERSHIP DEFINED.— 

ø(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: 

ø(i) The State child welfare agency that is responsible for the administration of the State plan under 

this part and part E. 

ø(ii) The State agency responsible for administering 

the substance abuse prevention and treatment block 


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163 

grant provided under subpart II of part B of title XIX 

of the Public Health Service Act. 

ø(iii) An Indian tribe or tribal consortium. 

ø(iv) Nonprofit child welfare service providers. 

ø(v) For-profit child welfare service providers. 

ø(vi) Community health service providers. 

ø(vii) Community mental health providers. 

ø(viii) Local law enforcement agencies. 

ø(ix) Judges and court personnel. 

ø(x) Juvenile justice officials. 

ø(xi) School personnel. 

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

such agencies). 

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

child and family services under this subpart. 

ø(B) REQUIREMENTS.— 

ø(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. 

ø(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— 

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

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

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

consortium of such agencies). 

ø(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).¿ 

(2) REGIONAL PARTNERSHIP DEFINED.—In this subsection, the 

term ‘‘regional partnership’’ means a collaborative agreement 

(which may be established on an interstate, State, or intrastate 

basis) entered into by the following: 

(A) MANDATORY PARTNERS FOR ALL PARTNERSHIP

GRANTS.— 

(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. 

(B) MANDATORY PARTNERS FOR PARTNERSHIP GRANTS

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MENTS.—If the partnership proposes to serve children in 

out-of-home placements, the Juvenile Court or Administrative Office of the Court that is most appropriate to oversee 

the administration of court programs in the region to address the population of families who come to the attention 

of the court due to child abuse or neglect. 

(C) OPTIONAL PARTNERS.—At the option of the partnership, any of the following: 

(i) An Indian tribe or tribal consortium. 

(ii) Nonprofit child welfare service providers. 

(iii) For-profit child welfare service providers. 

(iv) Community health service providers, including 

substance abuse treatment providers. 

(v) Community mental health providers. 

(vi) Local law enforcement agencies. 

(vii) School personnel. 

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

the agencies). 

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

child and family services under a State plan approved 

under this subpart. 

(D) EXCEPTION FOR REGIONAL PARTNERSHIPS WHERE THE

LEAD APPLICANT IS AN INDIAN TRIBE 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 the State 

child welfare agency as a partner in the collaborative 

agreement; 

(ii) may not enter into a collaborative agreement only 

with tribal child welfare agencies (or a consortium of 

the agencies); and 

(iii) if the condition described in paragraph (2)(B) 

applies, may include tribal court organizations in lieu 

of other judicial partners. 

(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 ø2012 through 

2016¿ 2017 through 2021 under section 436(b)(5), to regional partnerships that satisfy the requirements of this 

subsection, in amounts that are not less than ø$500,000 

and not more than $1,000,000¿ $250,000 and not more 

than $1,000,000 per grant per fiscal year. 

(B) REQUIRED MINIMUM PERIOD OF APPROVAL; PLANNING.— 

(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 øclause (ii)¿ 

clauses (ii) and (iii). 

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

grantee, the Secretary may extend for not more than 


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2 fiscal years the period for which a grant is awarded 

under this subsection. 

(iii) SUFFICIENT PLANNING.—A grant awarded under 

this subsection shall be disbursed in 2 phases: a planning phase (not to exceed 2 years); and an implementation phase. The total disbursement to a grantee for the 

planning phase may not exceed $250,000, and may not 

exceed the total anticipated funding for the implementation phase. 

(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) LIMITATION ON PAYMENT FOR A FISCAL YEAR.—No 

payment shall be made under subparagraph (A) or (C) for 

a fiscal year until the Secretary determines that the eligible 

partnership has made sufficient progress in meeting the 

goals of the grant and that the members of the eligible partnership are coordinating to a reasonable degree with the 

other members of the eligible partnership. 

(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, parents, and 

families receiving services or taking part in activities 

conducted with funds provided under the grant; 

(ii) lead to øsafety and permanence for such children; and¿ safe, permanent caregiving relationships for 

the children; 

(iii) improve the substance abuse treatment outcomes 

for parents including retention in treatment and successful completion of treatment; 

(iv) facilitate the implementation, delivery, and effectiveness of prevention services and programs under section 471(e); and 

ø(iii)¿ (v) decrease the number of out-of-home placements for children, øor¿ increase reunification rates for 

children who have been placed in out of home care, or 

decrease 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 øwhere appropriate,¿ the child’s family. 


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ø(E) A description of the strategies for— 

ø(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 

ø(ii) consulting, as appropriate, with— 

ø(I) the State agency described in paragraph 

(2)(A)(ii); and 

ø(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. 

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

(E) A description of a plan for sustaining the services 

provided by or activities funded under the grant after the 

conclusion of the grant period, including through the use of 

prevention services and programs under section 471(e) and 

other funds provided to the State for child welfare and substance abuse prevention and treatment services. 

(F) Additional information needed by the Secretary to determine that the proposed activities and implementation 

will be consistent with research or evaluations showing 

which practices and approaches are most effective. 

(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 

øabuse treatment¿ use disorder treatment including medication assisted treatment and in-home substance abuse disorder treatment and recovery 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. 


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(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; øand¿ 

(D) demonstrate a track record of successful collaboration 

among child welfare, substance abuse disorder treatment 

and mental health agencies; and 

ø(D)¿ (E) 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 øestablish indicators that will be¿ review indicators that are used 

to assess periodically the performance of the grant recipients under this subsection øin using funds made available 

under such grants to achieve the purpose of this subsection¿ and establish a set of core indicators related to 

child safety, parental recovery, parenting capacity, and 

family well-being. In developing the core indicators, to the 

extent possible, indicators shall be made consistent with the 

outcome measures described in section 471(e)(6). 

(B) CONSULTATION REQUIRED.—In establishing the performance indicators required by subparagraph (A), the Secretary shall base the performance measures on lessons 

learned from prior rounds of regional partnership grants 

under this subsection, and 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. 

ø(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. 

ø(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.¿ 


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(iii) Other stakeholders or constituencies as determined by the Secretary. 

(9) REPORTS.— (A) GRANTEE REPORTS.— ø(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.¿ 

(i) SEMIANNUAL REPORTS.—Not later than September 

30 of each fiscal year in which a recipient of a grant 

under this subsection is paid funds under the grant, 

and every 6 months thereafter, the grant recipient shall 

submit to the Secretary a report on the services provided and activities carried out during the reporting 

period, progress made in achieving the goals of the program, the number of children, adults, and families receiving services, and such additional information as 

the Secretary determines is necessary. The report due 

not later than September 30 of the last such fiscal year 

shall include, at a minimum, data on each of the performance indicators included in the evaluation of the 

regional partnership. 

(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 

who come to the attention of the child welfare system 

and in achieving the goals of child safety, permanence, 

and family stability. 

(10) LIMITATION ON USE OF FUNDS FOR ADMINISTRATIVE EXPENSES OF THE SECRETARY.—Not more than 5 percent of the 

amounts appropriated or reserved for awarding grants under 


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this subsection for each of fiscal years ø2012 through 2016¿ 

2017 through 2021 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 INTER- STATE 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. 

(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. 


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(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). 

SEC. 438. ENTITLEMENT FUNDING FOR STATE COURTS TO ASSESS 

AND IMPROVE HANDLING OF PROCEEDINGS RELATING 

TO FOSTER CARE AND ADOPTION. 

(a) IN GENERAL.—The Secretary shall make grants, in accordance 

with this section, to the highest State courts in States participating 

in the program under part E, for the purpose of enabling such 

courts— 

(1) to conduct assessments, in accordance with such requirements as the Secretary shall publish, of the role, responsibilities, and effectiveness of State courts in carrying out State 

laws requiring proceedings (conducted by or under the supervision of the courts)— 

(A) that implement parts B and E; 

(B) that determine the advisability or appropriateness of 

foster care placement; 

(C) that determine whether to terminate parental rights; 

(D) that determine whether to approve the adoption or 

other permanent placement of a child; 

(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 


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(iii) permitting the participation of parents, children, 

other necessary parties, and attorneys in cases involving interstate placement without requiring their interstate travel; and 

(2) to implement improvements the highest state courts 

deem necessary as a result of the assessments, including— 

(A) to provide for the safety, well-being, and permanence 

of children in foster care, as set forth in the Adoption and 

Safe Families Act of 1997 (Public Law 105–89), including 

the requirements in the Act related to concurrent planning; 

(B) to implement a corrective action plan, as necessary, 

resulting from reviews of child and family service programs under section 1123A of this Act; and 

(C) to increase and improve engagement of the entire 

family in court processes relating to child welfare, family 

preservation, family reunification, and adoption; 

(3) to ensure that the safety, permanence, and well-being 

needs of children are met in a timely and complete manner; 

and 

(4)(A) to provide for the training of judges, attorneys and 

other legal personnel in child welfare cases; and 

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

in court processes relating to child welfare, family preservation, family reunification, and adoption. 

(b) APPLICATIONS.— 

(1) IN GENERAL.—In order to be eligible to receive a grant 

under this section, a highest State court shall have in effect a 

rule requiring State courts to ensure that foster parents, preadoptive 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, shall provide 

for the training of judges, attorneys, and other legal personnel 

in child welfare cases on Federal child welfare policies and payment limitations with respect to children in foster care who are 

placed in settings that are not a foster family home, and shall 

submit to the Secretary an application at such time, in such 

form, and including such information and assurances as the 

Secretary may require, including— 

(A) in the case of a grant for the purpose described in 

subsection (a)(3), a description of how courts and child welfare agencies on the local and State levels will collaborate 

and jointly plan for the collection and sharing of all relevant data and information to demonstrate how improved 

case tracking and analysis of child abuse and neglect cases 

will produce safe and timely permanency decisions; 

(B) in the case of a grant for the purpose described in 

subsection (a)(4), a demonstration that a portion of the 

grant will be used for cross-training initiatives that are 

jointly planned and executed with the State agency or any 

other agency under contract with the State to administer 

the State program under the State plan under subpart 1, 

the State plan approved under section 434, or the State 

plan approved under part E; and 


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172 

(C) in the case of a grant for any purpose described in 

subsection (a), a demonstration of meaningful and ongoing 

collaboration among the courts in the State, the State 

agency or any other agency under contract with the State 

who is responsible for administering the State program 

under part B or E, and, where applicable, Indian tribes. 

(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.— 

(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 ø2012 through 2016¿ 2017 

through 2021, from the amount allocated under paragraph (3) 

of this subsection for grants for the purpose or purposes, of an 

amount equal to $85,000 plus the amount described in paragraph (2) of this subsection with respect to the purpose or purposes. 

(2) AMOUNT DESCRIBED.—The amount described in this paragraph for any fiscal year with respect to the purpose or purposes referred to in a subparagraph of subsection (b)(2) is the 

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

allocated under paragraph (3) of this subsection for grants for 

the purpose or purposes as the number of individuals in the 

State who have not attained 21 years of age bears to the total 

number of such individuals in all States the highest State 

courts of which have approved applications under this section 

for grants for the purpose or purposes. 

(3) ALLOCATION OF FUNDS.— 

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

section 436(b)(2) for any fiscal year, the Secretary shall allocate— 

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

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

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

in subsection (a)(3); 

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

in subsection (a)(4); and 

(iv) $1,000,000 for grants to be awarded on a competitive basis among the highest courts of Indian 

tribes or tribal consortia that— 

(I) are operating a program under part E, in accordance with section 479B; 


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173 

(II) are seeking to operate a program under part 

E and have received an implementation grant 

under section 476; or 

(III) has a court responsible for proceedings related to foster care or adoption. 

(B) DISCRETIONARY FUNDS.—The Secretary shall allocate 

all of the amounts reserved under section 437(b)(2) for 

grants for the purposes described in paragraphs (1) and (2) 

of subsection (a). 

(d) FEDERAL SHARE.—Each highest State court which receives 

funds paid under this section may use such funds to pay not more 

than 75 percent of the cost of activities under this section in each 

of fiscal years ø2012 through 2016¿ 2017 through 2021. ø(e) FUNDING FOR GRANTS FOR IMPROVED DATA COLLECTION AND

TRAINING.—Out of any money in the Treasury of the United States 

not otherwise appropriated, there are appropriated to the Secretary, for each of fiscal years 2006 through 2010— 

ø(1) $10,000,000 for grants referred to in subsection (b)(2)(B); 

and 

ø(2) $10,000,000 for grants referred to in subsection 

(b)(2)(C).For fiscal year 2011, out of the amount reserved pursuant to section 436(b)(2) for such fiscal year, there are available $10,000,000 for grants referred to in subsection (b)(2)(B), 

and $10,000,000 for grants referred to in subsection (b)(2)(C).¿ 

* * * * * * * 

Subpart 3—Common Provisions 

øSEC. 440. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING. 

ø(a) STANDARD DATA ELEMENTS.— ø(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. 

ø(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. 

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

elements under this subsection, the Secretary shall, to the extent practicable, incorporate— 

ø(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; 

ø(B) interoperable standards developed and maintained 

by intergovernmental partnerships, such as the National 

Information Exchange Model; and 

ø(C) interoperable standards developed and maintained 

by Federal entities with authority over contracting and financial assistance, such as the Federal Acquisition Regulatory Council. 

ø(b) DATA STANDARDS FOR REPORTING.— 


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ø(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. 

ø(2) REQUIREMENTS.—The data reporting standards required 

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

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

searchable, computer-readable format; 

ø(B) be consistent with and implement applicable accounting principles; and 

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

ø(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.¿ 

SEC. 440. DATA EXCHANGE STANDARDS FOR IMPROVED INTEROPERABILITY. 

(a) DESIGNATION.—The Secretary shall, in consultation with an 

interagency work group established by the Office of Management 

and Budget and considering State government perspectives, by rule, 

designate data exchange standards to govern, under this part— 

(1) necessary categories of information that State agencies operating programs under State plans approved under this part 

are required under applicable Federal law to electronically exchange with another State agency; and 

(2) Federal reporting and data exchange required under applicable Federal law. 

(b) REQUIREMENTS.—The data exchange standards required by 

paragraph (1) shall, to the extent practicable— 

(1) incorporate a widely accepted, non-proprietary, searchable, computer-readable format, such as the eXtensible Markup 

Language; 

(2) contain interoperable standards developed and maintained by intergovernmental partnerships, such as the National 

Information Exchange Model; 

(3) incorporate interoperable standards developed and maintained by Federal entities with authority over contracting and 

financial assistance; 

(4) be consistent with and implement applicable accounting 

principles; 

(5) be implemented in a manner that is cost-effective and improves program efficiency and effectiveness; and 

(6) be capable of being continually upgraded as necessary. 

(c) RULE OF CONSTRUCTION.—Nothing in this subsection shall be 

construed to require a change to existing data exchange standards 

found to be effective and efficient. 

* * * * * * * 


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øPART E—FEDERAL PAYMENTS FOR FOSTER CARE AND ADOPTION

ASSISTANCE¿ 

PART E—FEDERAL PAYMENTS FOR FOSTER 

CARE, PREVENTION, AND PERMANENCY 

PURPOSE: APPROPRIATION

SEC. 470. For the purpose of enabling each State to provide, in 

appropriate cases, foster care and transitional independent living 

programs for children who otherwise would have been eligible for 

assistance under the State’s plan approved under part A (as such 

plan was in effect on June 1, ø1995) and¿ 1995), adoption assistance for children with special needs, kinship guardianship assistance, and prevention services or programs specified in section 

471(e)(1), there are authorized to be appropriated for each fiscal 

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

1980)¿ such sums as may be necessary to carry out the provisions 

of this part. The sums made available under this section shall be 

used for making payments to States which have submitted, and 

had approved by the Secretary, State plans under this part. 

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 øand for adoption assistance in accordance with section 473;¿, adoption assistance in accordance with 

section 473, and, at the option of the State, services or programs 

specified in subsection (e)(1) of this section for children who are 

candidates for foster care or who are pregnant or parenting foster youth and the parents or kin caregivers of the children, in 

accordance with the requirements of that subsection; 

(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; 


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(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 

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 relVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00176 Fmt 6659 Sfmt 6601 E:\HR\OC\HR628.XXX HR628

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evant 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, 

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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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 

(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— 


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179 

(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 

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; 


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(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 

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 


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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 

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 

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vided 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 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, 


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183 

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 

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 adVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00183 Fmt 6659 Sfmt 6601 E:\HR\OC\HR628.XXX HR628

SSpencer on DSK4SPTVN1PROD with REPORTS
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ditional 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 

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; 


SSpencer on DSK4SPTVN1PROD with REPORTS
185 

(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; øand¿ 

(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 Childrenø.¿; 

(36) provides that, not later than April 1, 2018, the State 

shall submit to the Secretary information addressing— 

(A) whether the State licensing standards are in accord 

with model standards identified by the Secretary, and if 

not, the reason for the specific deviation and a description 

as to why having a standard that is reasonably in accord 

with the corresponding national model standards is not appropriate for the State; 

(B) whether the State has elected to waive standards established in 471(a)(10)(A) for relative foster family homes 

(pursuant to waiver authority provided by 471(a)(10)(D)), a 


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186 

description of which standards the State most commonly 

waives, and if the State has not elected to waive the standards, the reason for not waiving these standards; 

(C) if the State has elected to waive standards specified 

in subparagraph (B), how caseworkers are trained to use 

the waiver authority and whether the State has developed 

a process or provided tools to assist caseworkers in waiving 

nonsafety standards per the authority provided in 

471(a)(10)(D) to quickly place children with relatives; and 

(D) a description of the steps the State is taking to improve caseworker training or the process, if any; and 

(37) includes a certification that, in response to the limitation 

imposed under section 472(k) with respect to foster care maintenance payments made on behalf of any child who is placed in 

a setting that is not a foster family home, the State will not 

enact or advance policies or practices that would result in a significant increase in the population of youth in the State’s juvenile justice system. 

(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)). 

(e) PREVENTION AND FAMILY SERVICES AND PROGRAMS.— (1) IN GENERAL.—Subject to the succeeding provisions of this 

subsection, the Secretary may make a payment to a State for 

providing the following services or programs for a child described in paragraph (2) and the parents or kin caregivers of 

the child when the need of the child, such a parent, or such a 

caregiver for the services or programs are directly related to the 

safety, permanence, or well-being of the child or to preventing 

the child from entering foster care: 

(A) MENTAL HEALTH AND SUBSTANCE ABUSE PREVENTION

AND TREATMENT SERVICES.—Mental health and substance 

abuse prevention and treatment services provided by a 

qualified clinician for not more than a 12-month period 

that begins on any date described in paragraph (3) with respect to the child. 

(B) IN-HOME PARENT SKILL-BASED PROGRAMS.—In-home 

parent skill-based programs for not more than a 12-month 

period that begins on any date described in paragraph (3) 

with respect to the child and that include parenting skills 


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187 

training, parent education, and individual and family 

counseling. 

(2) CHILD DESCRIBED.—For purposes of paragraph (1), a 

child described in this paragraph is the following: 

(A) A child who is a candidate for foster care (as defined 

in section 475(13)) but can remain safely at home or in a 

kinship placement with receipt of services or programs 

specified in paragraph (1). 

(B) A child in foster care who is a pregnant or parenting 

foster youth. 

(3) DATE DESCRIBED.—For purposes of paragraph (1), the 

dates described in this paragraph are the following: 

(A) The date on which a child is identified in a prevention plan maintained under paragraph (4) as a child who 

is a candidate for foster care (as defined in section 475(13)). 

(B) The date on which a child is identified in a prevention plan maintained under paragraph (4) as a pregnant or 

parenting foster youth in need of services or programs specified in paragraph (1). 

(4) REQUIREMENTS RELATED TO PROVIDING SERVICES AND

PROGRAMS.—Services and programs specified in paragraph (1) 

may be provided under this subsection only if specified in advance in the child’s prevention plan described in subparagraph 

(A) and the requirements in subparagraphs (B) through (E) are 

met: 

(A) PREVENTION PLAN.—The State maintains a written 

prevention plan for the child that meets the following requirements (as applicable): 

(i) CANDIDATES.—In the case of a child who is a candidate for foster care described in paragraph (2)(A), the 

prevention plan shall— 

(I) identify the foster care prevention strategy for 

the child so that the child may remain safely at 

home, live temporarily with a kin caregiver until 

reunification can be safely achieved, or live permanently with a kin caregiver; 

(II) list the services or programs to be provided 

to or on behalf of the child to ensure the success of 

that prevention strategy; and 

(III) comply with such other requirements as the 

Secretary shall establish. 

(ii) PREGNANT OR PARENTING FOSTER YOUTH.—In the 

case of a child who is a pregnant or parenting foster 

youth described in paragraph (2)(B), the prevention 

plan shall— 

(I) be included in the child’s case plan required 

under section 475(1); 

(II) list the services or programs to be provided 

to or on behalf of the youth to ensure that the 

youth is prepared (in the case of a pregnant foster 

youth) or able (in the case of a parenting foster 

youth) to be a parent; 

(III) describe the foster care prevention strategy 

for any child born to the youth; and 


SSpencer on DSK4SPTVN1PROD with REPORTS
188 

(IV) comply with such other requirements as the 

Secretary shall establish. 

(B) TRAUMA-INFORMED.—The services or programs to be 

provided to or on behalf of a child are provided under an 

organizational structure and treatment framework that involves understanding, recognizing, and responding to the 

effects of all types of trauma and in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address trauma’s consequences 

and facilitate healing. 

(C) ONLY SERVICES AND PROGRAMS PROVIDED IN ACCORDANCE WITH PROMISING, SUPPORTED, OR WELL-SUPPORTED

PRACTICES PERMITTED.— 

(i) IN GENERAL.—Only State expenditures for services 

or programs specified in subparagraph (A) or (B) of 

paragraph (1) that are provided in accordance with 

practices that meet the requirements specified in clause 

(ii) of this subparagraph and that meet the requirements specified in clause (iii), (iv), or (v), respectively, 

for being a promising, supported, or well-supported 

practice, shall be eligible for a Federal matching payment under section 474(a)(6)(A). 

(ii) GENERAL PRACTICE REQUIREMENTS.—The general 

practice requirements specified in this clause are the 

following: 

(I) The practice has a book, manual, or other 

available writings that specify the components of 

the practice protocol and describe how to administer the practice. 

(II) There is no empirical basis suggesting that, 

compared to its likely benefits, the practice constitutes a risk of harm to those receiving it. 

(III) If multiple outcome studies have been conducted, the overall weight of evidence supports the 

benefits of the practice. 

(IV) Outcome measures are reliable and valid, 

and are administrated consistently and accurately 

across all those receiving the practice. 

(V) There is no case data suggesting a risk of 

harm that was probably caused by the treatment 

and that was severe or frequent. 

(iii) PROMISING PRACTICE.—A practice shall be considered to be a ‘‘promising practice’’ if the practice is 

superior to an appropriate comparison practice using 

conventional standards of statistical significance (in 

terms of demonstrated meaningful improvements in 

validated measures of important child and parent outcomes, such as mental health, substance abuse, and 

child safety and well-being), as established by the results or outcomes of at least 1 study that— 

(I) was rated by an independent systematic review for the quality of the study design and execution and determined to be well-designed and wellexecuted; and 


SSpencer on DSK4SPTVN1PROD with REPORTS
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(II) utilized some form of control (such as an untreated group, a placebo group, or a wait list 

study). 

(iv) SUPPORTED PRACTICE.—A practice shall be considered to be a ‘‘supported practice’’ if— 

(I) the practice is superior to an appropriate 

comparison practice using conventional standards 

of statistical significance (in terms of demonstrated 

meaningful improvements in validated measures of 

important child and parent outcomes, such as 

mental health, substance abuse, and child safety 

and well-being), as established by the results or 

outcomes of at least 1 study that— 

(aa) was rated by an independent systematic 

review for the quality of the study design and 

execution and determined to be well-designed 

and well-executed; 

(bb) was a rigorous random-controlled trial 

(or, if not available, a study using a rigorous 

quasi-experimental research design); and 

(cc) was carried out in a usual care or practice setting; and 

(II) the study described in subclause (I) established that the practice has a sustained effect 

(when compared to a control group) for at least 6 

months beyond the end of the treatment. 

(v) WELL-SUPPORTED PRACTICE.—A practice shall be 

considered to be a ‘‘well-supported practice’’ if— 

(I) the practice is superior to an appropriate 

comparison practice using conventional standards 

of statistical significance (in terms of demonstrated 

meaningful improvements in validated measures of 

important child and parent outcomes, such as 

mental health, substance abuse, and child safety 

and well-being), as established by the results or 

outcomes of at least 2 studies that— 

(aa) were rated by an independent systematic review for the quality of the study design 

and execution and determined to be well-designed and well-executed; 

(bb) were rigorous random-controlled trials 

(or, if not available, studies using a rigorous 

quasi-experimental research design); and 

(cc) were carried out in a usual care or practice setting; and 

(II) at least 1 of the studies described in subclause (I) established that the practice has a sustained effect (when compared to a control group) 

for at least 1 year beyond the end of treatment. 

(D) GUIDANCE ON PRACTICES CRITERIA AND PRE-AP- PROVED SERVICES AND PROGRAMS.— (i) IN GENERAL.—Not later than October 1, 2018, the 

Secretary shall issue guidance to States regarding the 

practices criteria required for services or programs to 

satisfy the requirements of subparagraph (C). The 


SSpencer on DSK4SPTVN1PROD with REPORTS
190 

guidance shall include a pre-approved list of services 

and programs that satisfy the requirements. 

(ii) UPDATES.—The Secretary shall issue updates to 

the guidance required by clause (i) as often as the Secretary determines necessary. 

(E) OUTCOME ASSESSMENT AND REPORTING.—The State 

shall collect and report to the Secretary the following information with respect to each child for whom, or on whose 

behalf mental health and substance abuse prevention and 

treatment services or in-home parent skill-based programs 

are provided during a 12-month period beginning on the 

date the child is determined by the State to be a child described in paragraph (2): 

(i) The specific services or programs provided and 

the total expenditures for each of the services or programs. 

(ii) The duration of the services or programs provided. 

(iii) In the case of a child described in paragraph 

(2)(A), the child’s placement status at the beginning, 

and at the end, of the 1-year period, respectively, and 

whether the child entered foster care within 2 years 

after being determined a candidate for foster care. 

(5) STATE PLAN COMPONENT.— 

(A) IN GENERAL.—A State electing to provide services or 

programs specified in paragraph (1) shall submit as part 

of the State plan required by subsection (a) a prevention 

services and programs plan component that meets the requirements of subparagraph (B). 

(B) PREVENTION SERVICES AND PROGRAMS PLAN COMPONENT.—In order to meet the requirements of this subparagraph, a prevention services and programs plan component, 

with respect to each 5-year period for which the plan component is in operation in the State, shall include the following: 

(i) How providing services and programs specified in 

paragraph (1) is expected to improve specific outcomes 

for children and families. 

(ii) How the State will monitor and oversee the safety 

of children who receive services and programs specified 

in paragraph (1), including through periodic risk assessments throughout the period in which the services 

and programs are provided on behalf of a child and reexamination of the prevention plan maintained for the 

child under paragraph (4) for the provision of the services or programs if the State determines the risk of the 

child entering foster care remains high despite the provision of the services or programs. 

(iii) With respect to the services and programs specified in subparagraphs (A) and (B) of paragraph (1), information on the specific promising, supported, or wellsupported practices the State plans to use to provide 

the services or programs, including a description of— 


SSpencer on DSK4SPTVN1PROD with REPORTS
191 

(I) the services or programs and whether the 

practices used are promising, supported, or wellsupported; 

(II) how the State plans to implement the services or programs, including how implementation of 

the services or programs will be continuously monitored to ensure fidelity to the practice model and 

to determine outcomes achieved and how information learned from the monitoring will be used to 

refine and improve practices; 

(III) how the State selected the services or programs; 

(IV) the target population for the services or programs; and 

(V) how each service or program provided will be 

evaluated through a well-designed and rigorous 

process, which may consist of an ongoing, crosssite evaluation approved by the Secretary. 

(iv) A description of the consultation that the State 

agencies responsible for administering the State plans 

under this part and part B engage in with other State 

agencies responsible for administering health programs, including mental health and substance abuse 

prevention and treatment services, and with other public and private agencies with experience in administering child and family services, including community-based organizations, in order to foster a continuum of care for children described in paragraph (2) 

and their parents or kin caregivers. 

(v) A description of how the State shall assess children and their parents or kin caregivers to determine 

eligibility for services or programs specified in paragraph (1). 

(vi) A description of how the services or programs 

specified in paragraph (1) that are provided for or on 

behalf of a child and the parents or kin caregivers of 

the child will be coordinated with other child and family services provided to the child and the parents or kin 

caregivers of the child under the State plan under part 

B. 

(vii) Descriptions of steps the State is taking to support and enhance a competent, skilled, and professional child welfare workforce to deliver trauma-informed and evidence-based services, including— 

(I) ensuring that staff is qualified to provide 

services or programs that are consistent with the 

promising, supported, or well-supported practice 

models selected; and 

(II) developing appropriate prevention plans, 

and conducting the risk assessments required 

under clause (iii). 

(viii) A description of how the State will provide 

training and support for caseworkers in assessing what 

children and their families need, connecting to the families served, knowing how to access and deliver the 


SSpencer on DSK4SPTVN1PROD with REPORTS
192 

needed trauma-informed and evidence-based services, 

and overseeing and evaluating the continuing appropriateness of the services. 

(ix) A description of how caseload size and type for 

prevention caseworkers will be determined, managed, 

and overseen. 

(x) An assurance that the State will report to the Secretary such information and data as the Secretary may 

require with respect to the provision of services and 

programs specified in paragraph (1), including information and data necessary to determine the performance measures for the State under paragraph (6) and 

compliance with paragraph (7). 

(C) REIMBURSEMENT FOR SERVICES UNDER THE PREVENTION PLAN COMPONENT.— 

(i) LIMITATION.—Except as provided in subclause (ii), 

a State may not receive a Federal payment under this 

part for a given promising, supported, or well-supported practice unless (in accordance with subparagraph (B)(iii)(V)) the plan includes a well-designed and 

rigorous evaluation strategy for that practice. 

(ii) WAIVER OF LIMITATION.—The Secretary may 

waive the requirement for a well-designed and rigorous 

evaluation of any well-supported practice if the Secretary deems the evidence of the effectiveness of the 

practice to be compelling and the State meets the continuous quality improvement requirements included in 

subparagraph (B)(iii)(II) with regard to the practice. 

(6) PREVENTION SERVICES MEASURES.— 

(A) ESTABLISHMENT; ANNUAL UPDATES.—Beginning with 

fiscal year 2021, and annually thereafter, the Secretary 

shall establish the following prevention services measures 

based on information and data reported by States that elect 

to provide services and programs specified in paragraph 

(1): 

(i) PERCENTAGE OF CANDIDATES FOR FOSTER CARE

WHO DO NOT ENTER FOSTER CARE.—The percentage of 

candidates for foster care for whom, or on whose behalf, the services or programs are provided who do not 

enter foster care, including those placed with a kin 

caregiver outside of foster care, during the 12-month 

period in which the services or programs are provided 

and through the end of the succeeding 12-month-period. 

(ii) PER-CHILD SPENDING.—The total amount of expenditures made for mental health and substance 

abuse prevention and treatment services or in-home 

parent skill-based programs, respectively, for, or on behalf of, each child described in paragraph (2). 

(B) DATA.—The Secretary shall establish and annually 

update the prevention services measures— 

(i) based on the median State values of the information reported under each clause of subparagraph (A) 

for the 3 then most recent years; and 


SSpencer on DSK4SPTVN1PROD with REPORTS
193 

(ii) taking into account State differences in the price 

levels of consumption goods and services using the 

most recent regional price parities published by the Bureau of Economic Analysis of the Department of Commerce or such other data as the Secretary determines 

appropriate. 

(C) PUBLICATION OF STATE PREVENTION SERVICES MEAS- URES.—The Secretary shall annually make available to the 

public the prevention services measures of each State. 

(7) MAINTENANCE OF EFFORT FOR STATE FOSTER CARE PRE- VENTION EXPENDITURES.— (A) IN GENERAL.—If a State elects to provide services and 

programs specified in paragraph (1) for a fiscal year, the 

State foster care prevention expenditures for the fiscal year 

shall not be less than the amount of the expenditures for 

fiscal year 2014. 

(B) STATE FOSTER CARE PREVENTION EXPENDITURES.— 

The term ‘‘State foster care prevention expenditures’’ means 

the following: 

(i) TANF; IV–B; SSBG.—State expenditures for foster 

care prevention services and activities under the State 

program funded under part A (including from amounts 

made available by the Federal Government), under the 

State plan developed under part B (including any such 

amounts), or under the Social Services Block Grant 

Programs under subtitle A of title XX (including any 

such amounts). 

(ii) OTHER STATE PROGRAMS.—State expenditures for 

foster care prevention services and activities under any 

State program that is not described in clause (i) (other 

than any State expenditures for foster care prevention 

services and activities under the State program under 

this part (including under a waiver of the program)). 

(C) STATE EXPENDITURES.—The term ‘‘State expenditures’’ means all State or local funds that are expended by 

the State or a local agency including State or local funds 

that are matched or reimbursed by the Federal Government 

and State or local funds that are not matched or reimbursed by the Federal Government. 

(D) DETERMINATION OF PREVENTION SERVICES AND ACTIVITIES.—The Secretary shall require each State that elects 

to provide services and programs specified in paragraph (1) 

to report the expenditures specified in subparagraph (B) for 

fiscal year 2014 and for such fiscal years thereafter as are 

necessary to determine whether the State is complying with 

the maintenance of effort requirement in subparagraph (A). 

The Secretary shall specify the specific services and activities under each program referred to in subparagraph (B) 

that are ‘‘prevention services and activities’’ for purposes of 

the reports. 

(8) PROHIBITION AGAINST USE OF STATE FOSTER CARE PRE- VENTION EXPENDITURES AND FEDERAL IV-E PREVENTION FUNDS

FOR MATCHING OR EXPENDITURE REQUIREMENT.—A State that 

elects to provide services and programs specified in paragraph 

(1) shall not use any State foster care prevention expenditures 


SSpencer on DSK4SPTVN1PROD with REPORTS
194 

for a fiscal year for the State share of expenditures under section 474(a)(6) for a fiscal year. 

(9) ADMINISTRATIVE COSTS.—Expenditures described in section 474(a)(6)(B)— 

(A) shall not be eligible for payment under subparagraph 

(A), (B), or (E) of section 474(a)(3); and 

(B) shall be eligible for payment under section 

474(a)(6)(B) without regard to whether the expenditures are 

incurred on behalf of a child who is, or is potentially, eligible for foster care maintenance payments under this part. 

(10) APPLICATION.—The provision of services or programs 

under this subsection to or on behalf of a child described in 

paragraph (2) shall not be considered to be receipt of aid or assistance under the State plan under this part for purposes of 

eligibility for any other program established under this Act. 

FOSTER CARE MAINTENANCE PAYMENTS PROGRAM

SEC. 472. (a) IN GENERAL.— (1) ELIGIBILITY.—Each State with a plan approved under 

this part shall make foster care maintenance payments on behalf of each child who has been removed from the home of a 

relative specified in section 406(a) (as in effect on July 16, 

1996) into foster care if— 

(A) the removal and foster care placement met, and the 

placement continues to meet, the requirements of paragraph (2); and 

(B) the child, while in the home, would have met the 

AFDC eligibility requirement of paragraph (3). 

(2) REMOVAL AND FOSTER CARE PLACEMENT REQUIREMENTS.— The removal and foster care placement of a child meet the requirements of this paragraph if— 

(A) the removal and foster care placement are in accordance with— 

(i) a voluntary placement agreement entered into by 

a parent or legal guardian of the child who is the relative referred to in paragraph (1); or 

(ii) a judicial determination to the effect that continuation in the home from which removed would be 

contrary to the welfare of the child and that reasonable efforts of the type described in section 471(a)(15) 

for a child have been made; 

(B) the child’s placement and care are the responsibility 

of— 

(i) the State agency administering the State plan approved under section 471; 

(ii) any other public agency with which the State 

agency administering or supervising the administration of the State plan has made an agreement which 

is in effect; or 

(iii) an Indian tribe or a tribal organization (as defined in section 479B(a)) or a tribal consortium that 

has a plan approved under section 471 in accordance 

with section 479B; and 

(C) the child has been placed in a foster family home 

øor¿, with a parent residing in a licensed residential famVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00194 Fmt 6659 Sfmt 6601 E:\HR\OC\HR628.XXX HR628

SSpencer on DSK4SPTVN1PROD with REPORTS
195 

ily-based treatment facility, but only to the extent permitted 

under subsection (j), or in a child-care institution, but only 

to the extent permitted under subsection (k). (3) AFDC ELIGIBILITY REQUIREMENT.— (A) IN GENERAL.—A child in the home referred to in 

paragraph (1) would have met the AFDC eligibility requirement of this paragraph if the child— 

(i) would have received aid under the State plan approved under section 402 (as in effect on July 16, 

1996) in the home, in or for the month in which the 

agreement was entered into or court proceedings leading to the determination referred to in paragraph 

(2)(A)(ii) of this subsection were initiated; or 

(ii)(I) would have received the aid in the home, in or 

for the month referred to in clause (i), if application 

had been made therefor; or 

(II) had been living in the home within 6 months before the month in which the agreement was entered 

into or the proceedings were initiated, and would have 

received the aid in or for such month, if, in such 

month, the child had been living in the home with the 

relative referred to in paragraph (1) and application 

for the aid had been made. 

(B) RESOURCES DETERMINATION.—For purposes of subparagraph (A), in determining whether a child would have 

received aid under a State plan approved under section 

402 (as in effect on July 16, 1996), a child whose resources 

(determined pursuant to section 402(a)(7)(B), as so in effect) have a combined value of not more than $10,000 shall 

be considered a child whose resources have a combined 

value of not more than $1,000 (or such lower amount as 

the State may determine for purposes of section 

402(a)(7)(B)). 

(4) ELIGIBILITY OF CERTAIN ALIEN CHILDREN.—Subject to title 

IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, if the child is an alien disqualified 

under section 245A(h) or 210(f) of the Immigration and Nationality Act from receiving aid under the State plan approved 

under section 402 in or for the month in which the agreement 

described in paragraph (2)(A)(i) was entered into or court proceedings leading to the determination described in paragraph 

(2)(A)(ii) were initiated, the child shall be considered to satisfy 

the requirements of paragraph (3), with respect to the month, 

if the child would have satisfied the requirements but for the 

disqualification. 

(b) Foster care maintenance payments may be made under this 

part only on behalf of a child described in subsection (a) of this section who is— 

(1) in the foster family home of an individual, whether the 

payments therefor are made to such individual or to a public 

or private child-placement or child-care agency, or 

(2) in a child-care institution, whether the payments therefor 

are made to such institution or to a public or private childplacement or child-care agency, which payments shall be limited so as to include in such payments only those items which 


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are included in the term ‘‘foster care maintenance payments’’ 

(as defined in section 475(4)). 

ø(c) For the purposes of this part, (1) the term ‘‘foster family 

home’’ means a foster family home for children which is licensed 

by the State in which it is situated or has been approved, by the 

agency of such State having responsibility for licensing homes of 

this type, as meeting the standards established for such licensing; 

and (2) the term ‘‘child-care institution’’ means a private child-care 

institution, or a public child-care institution which accommodates 

no more than twenty-five children, which is licensed by the State 

in which it is situated or has been approved, by the agency of such 

State responsible for licensing or approval of institutions of this 

type, as meeting the standards established for such licensing, except, in the case of a child who has attained 18 years of age, the 

term shall include a supervised setting in which the individual is 

living independently, in accordance with such conditions as the 

Secretary shall establish in regulations, but the term shall not include detention facilities, forestry camps, training schools, or any 

other facility operated primarily for the detention of children who 

are determined to be delinquent.¿ 

(c) DEFINITIONS.—For purposes of this part: 

(1) FOSTER FAMILY HOME.— (A) IN GENERAL.—The term ‘‘foster family home’’ means 

the home of an individual or family— 

(i) that is licensed or approved by the State in which 

it is situated as a foster family home that meets the 

standards established for the licensing or approval; 

and 

(ii) in which a child in foster care has been placed 

in the care of an individual, who resides with the child 

and who has been licensed or approved by the State to 

be a foster parent— 

(I) that the State deems capable of adhering to 

the reasonable and prudent parent standard; 

(II) that provides 24-hour substitute care for 

children placed away from their parents or other 

caretakers; and 

(III) that provides the care for not more than 6 

children in foster care. 

(B) STATE FLEXIBILITY.—The number of foster children 

that may be cared for in a home under subparagraph (A) 

may exceed the numerical limitation in subparagraph 

(A)(ii)(III), at the option of the State, for any of the following reasons: 

(i) To allow a parenting youth in foster care to remain with the child of the parenting youth. 

(ii) To allow siblings to remain together. 

(iii) To allow a child with an established meaningful 

relationship with the family to remain with the family. 

(iv) To allow a family with special training or skills 

to provide care to a child who has a severe disability. 

(C) RULE OF CONSTRUCTION.—Subparagraph (A) shall 

not be construed as prohibiting a foster parent from renting 

the home in which the parent cares for a foster child placed 

in the parent’s care. 


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197 

(2) CHILD-CARE INSTITUTION.— (A) IN GENERAL.—The term ‘‘child-care institution’’ 

means a private child-care institution, or a public childcare institution which accommodates no more than 25 children, which is licensed by the State in which it is situated 

or has been approved by the agency of the State responsible 

for licensing or approval of institutions of this type as meeting the standards established for the licensing. 

(B) SUPERVISED SETTINGS.—In the case of a child who 

has attained 18 years of age, the term shall include a supervised setting in which the individual is living independently, in accordance with such conditions as the Secretary 

shall establish in regulations. 

(C) EXCLUSIONS.—The term shall not include detention 

facilities, forestry camps, training schools, or any other facility operated primarily for the detention of children who 

are determined to be delinquent. 

(d) Notwithstanding any other provision of this title, Federal 

payments may be made under this part with respect to amounts 

expended by any State as foster care maintenance payments under 

this section, in the case of children removed from their homes pursuant to voluntary placement agreements as described in subsection (a), only if (at the time such amounts were expended) the 

State has fulfilled all of the requirements of section 422(b)(8). 

(e) No Federal payment may be made under this part with respect to amounts expended by any State as foster care maintenance 

payments under this section, in the case of any child who was removed from his or her home pursuant to a voluntary placement 

agreement as described in subsection (a) and has remained in voluntary placement for a period in excess of 180 days, unless there 

has been a judicial determination by a court of competent jurisdiction (within the first 180 days of such placement) to the effect that 

such placement is in the best interests of the child. 

(f) For the purposes of this part and part B of this title, (1) the 

term ‘‘voluntary placement’’ means an out-of-home placement of a 

minor, by or with participation of a State agency, after the parents 

or guardians of the minor have requested the assistance of the 

agency and signed a voluntary placement agreement; and (2) the 

term ‘‘voluntary placement agreement’’ means a written agreement, 

binding on the parties to the agreement, between the State agency, 

any other agency acting on its behalf, and the parents or guardians 

of a minor child which specifies, at a minimum, the legal status of 

the child and the rights and obligations of the parents or guardians, the child, and the agency while the child is in placement. 

(g) In any case where— 

(1) the placement of a minor child in foster care occurred 

pursuant to a voluntary placement agreement entered into by 

the parents or guardians of such child as provided in subsection (a), and 

(2) such parents or guardians request (in such manner and 

form as the Secretary may prescribe) that the child be returned to their home or to the home of a relative, 

the voluntary placement agreement shall be deemed to be revoked 

unless the State agency opposes such request and obtains a judicial 

determination, by a court of competent jurisdiction, that the return 


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198 

of the child to such home would be contrary to the child’s best interests. 

(h)(1) For purposes of title XIX, any child with respect to whom 

foster care maintenance payments are made under this section is 

deemed to be a dependent child as defined in section 406 (as in effect as of July 16, 1996) and deemed to be a recipient of aid to families with dependent children under part A of this title (as so in effect). For purposes of subtitle 1 of title XX, any child with respect 

to whom foster care maintenance payments are made under this 

section is deemed to be a minor child in a needy family under a 

State program funded under part A of this title and is deemed to 

be a recipient of assistance under such part. 

(2) For purposes of paragraph (1), a child whose costs in a foster 

family home or child care institution are covered by the foster care 

maintenance payments being made with respect to the child’s 

minor parent, as provided in section 475(4)(B), shall be considered 

a child with respect to whom foster care maintenance payments are 

made under this section. 

(i) ADMINISTRATIVE COSTS ASSOCIATED WITH OTHERWISE ELIGIBLE CHILDREN NOT IN LICENSED FOSTER CARE SETTINGS.—Expenditures by a State that would be considered administrative expenditures for purposes of section 474(a)(3) if made with respect to a 

child who was residing in a foster family home or child-care institution shall be so considered with respect to a child not residing in 

such a home or institution— 

(1) in the case of a child who has been removed in accordance with subsection (a) of this section from the home of a relative specified in section 406(a) (as in effect on July 16, 1996), 

only for expenditures— 

(A) with respect to a period of not more than the lesser 

of 12 months or the average length of time it takes for the 

State to license or approve a home as a foster home, in 

which the child is in the home of a relative and an application is pending for licensing or approval of the home as a 

foster family home; or 

(B) with respect to a period of not more than 1 calendar 

month when a child moves from a facility not eligible for 

payments under this part into a foster family home or 

child care institution licensed or approved by the State; 

and 

(2) in the case of any other child who is potentially eligible 

for benefits under a State plan approved under this part and 

at imminent risk of removal from the home, only if— 

(A) reasonable efforts are being made in accordance with 

section 471(a)(15) to prevent the need for, or if necessary 

to pursue, removal of the child from the home; and 

(B) the State agency has made, not less often than every 

6 months, a determination (or redetermination) as to 

whether the child remains at imminent risk of removal 

from the home. 

(j) CHILDREN PLACED WITH A PARENT RESIDING IN A LICENSED

RESIDENTIAL FAMILY-BASED TREATMENT FACILITY FOR SUBSTANCE

ABUSE.— 

(1) IN GENERAL.—Notwithstanding the preceding provisions 

of this section, a child who is eligible for foster care mainteVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00198 Fmt 6659 Sfmt 6603 E:\HR\OC\HR628.XXX HR628

SSpencer on DSK4SPTVN1PROD with REPORTS
199 

nance payments under this section, or who would be eligible for 

the payments if the eligibility were determined without regard 

to paragraphs (1)(B) and (3) of subsection (a), shall be eligible 

for the payments for a period of not more than 12 months during which the child is placed with a parent who is in a licensed 

residential family-based treatment facility for substance abuse, 

but only if— 

(A) the recommendation for the placement is specified in 

the child’s case plan before the placement; 

(B) the treatment facility provides, as part of the treatment for substance abuse, parenting skills training, parent 

education, and individual and family counseling; and 

(C) the substance abuse treatment, parenting skills training, parent education, and individual and family counseling is provided under an organizational structure and 

treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma 

and in accordance with recognized principles of a traumainformed approach and trauma-specific interventions to address the consequences of trauma and facilitate healing. 

(2) APPLICATION.—With respect to children for whom foster 

care maintenance payments are made under paragraph (1), 

only the children who satisfy the requirements of paragraphs 

(1)(B) and (3) of subsection (a) shall be considered to be children with respect to whom foster care maintenance payments 

are made under this section for purposes of subsection (h) or 

section 473(b)(3)(B). 

(k) LIMITATION ON FEDERAL FINANCIAL PARTICIPATION.— (1) IN GENERAL.—Beginning with the third week for which 

foster care maintenance payments are made under this section 

on behalf of a child placed in a child-care institution, no Federal payment shall be made to the State under section 474(a)(1) 

for amounts expended for foster care maintenance payments on 

behalf of the child unless— 

(A) the child is placed in a child-care institution that is 

a setting specified in paragraph (2) (or is placed in a licensed residential family-based treatment facility consistent 

with subsection (j)); and 

(B) in the case of a child placed in a qualified residential 

treatment program (as defined in paragraph (4)), the requirements specified in paragraph (3) and section 475A(c) 

are met. 

(2) SPECIFIED SETTINGS FOR PLACEMENT.—The settings for 

placement specified in this paragraph are the following: 

(A) A qualified residential treatment program (as defined 

in paragraph (4)). 

(B) A setting specializing in providing prenatal, postpartum, or parenting supports for youth. 

(C) In the case of a child who has attained 18 years of 

age, a supervised setting in which the child is living independently. 

(3) ASSESSMENT TO DETERMINE APPROPRIATENESS OF PLACE- MENT IN A QUALIFIED RESIDENTIAL TREATMENT PROGRAM.— 

(A) DEADLINE FOR ASSESSMENT.—In the case of a child 

who is placed in a qualified residential treatment program, 


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200 

if the assessment required under section 475A(c)(1) is not 

completed within 30 days after the placement is made, no 

Federal payment shall be made to the State under section 

474(a)(1) for any amounts expended for foster care maintenance payments on behalf of the child during the placement. 

(B) DEADLINE FOR TRANSITION OUT OF PLACEMENT.—If 

the assessment required under section 475A(c)(1) determines that the placement of a child in a qualified residential treatment program is not appropriate, a court disapproves such a placement under section 475A(c)(2), or a 

child who has been in an approved placement in a qualified residential treatment program is going to return home 

or be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home, Federal payments shall be made to the State under section 

474(a)(1) for amounts expended for foster care maintenance 

payments on behalf of the child while the child remains in 

the qualified residential treatment program only during the 

period necessary for the child to transition home or to such 

a placement. In no event shall a State receive Federal payments under section 474(a)(1) for amounts expended for foster care maintenance payments on behalf of a child who remains placed in a qualified residential treatment program 

after the end of the 30-day period that begins on the date 

a determination is made that the placement is no longer the 

recommended or approved placement for the child. 

(4) QUALIFIED RESIDENTIAL TREATMENT PROGRAM.—For purposes of this part, the term ‘‘qualified residential treatment program’’ means a program that— 

(A) has a trauma-informed treatment model that is designed to address the needs, including clinical needs as appropriate, of children with serious emotional or behavioral 

disorders or disturbances and, with respect to a child, is 

able to implement the treatment identified for the child by 

the assessment of the child required under section 475A(c); 

(B) has registered or licensed nursing staff and other licensed clinical staff who— 

(i) provide care within the scope of their practice as 

defined by State law; 

(ii) are on-site during business hours; and 

(iii) are available 24 hours a day and 7 days a week; 

(C) to extent appropriate, and in accordance with the 

child’s best interests, facilitates participation of family 

members in the child’s treatment program; 

(D) facilitates outreach to the family members of the 

child, including siblings, documents how the outreach is 

made (including contact information), and maintains contact information for any known biological family and fictive kin of the child; 

(E) documents how family members are integrated into 

the treatment process for the child, including post-discharge, and how sibling connections are maintained; 

(F) provides discharge planning and family-based 

aftercare support for at least 6 months post-discharge; and 


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201 

(G) is licensed in accordance with section 471(a)(10) and 

is accredited by any of the following independent, not-forprofit organizations: 

(i) The Commission on Accreditation of Rehabilitation Facilities (CARF). 

(ii) The Joint Commission on Accreditation of 

Healthcare Organizations (JCAHO). 

(iii) The Council on Accreditation (COA). 

(iv) Any other independent, not-for-profit accrediting 

organization approved by the Secretary. 

ADOPTION AND GUARDIANSHIP ASSISTANCE PROGRAM

SEC. 473. (a)(1)(A) Each State having a plan approved under this 

part shall enter into adoption assistance agreements (as defined in 

section 475(3)) with the adoptive parents of children with special 

needs. 

(B) Under any adoption assistance agreement entered into by a 

State with parents who adopt a child with special needs, the 

State— 

(i) shall make payments of nonrecurring adoption expenses 

incurred by or on behalf of such parents in connection with the 

adoption of such child, directly through the State agency or 

through another public or nonprofit private agency, in amounts 

determined under paragraph (3), and 

(ii) in any case where the child meets the requirements of 

paragraph (2), may make adoption assistance payments to 

such parents, directly through the State agency or through another public or nonprofit private agency, in amounts so determined. 

(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if— 

(i) in the case of a child who is not an applicable child for 

the fiscal year (as defined in subsection (e)), the child— 

(I)(aa)(AA) was removed from the home of a relative 

specified in section 406(a) (as in effect on July 16, 1996) 

and placed in foster care in accordance with a voluntary 

placement agreement with respect to which Federal payments are provided under section 474 (or section 403, as 

such section was in effect on July 16, 1996), or in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of 

the child; and 

(BB) met the requirements of section 472(a)(3) with respect to the home referred to in subitem (AA) of this item; 

(bb) meets all of the requirements of title XVI with respect to eligibility for supplemental security income benefits; or 

(cc) is a child whose costs in a foster family home or 

child-care institution are covered by the foster care maintenance payments being made with respect to the minor 

parent of the child as provided in section 475(4)(B); and 

(II) has been determined by the State, pursuant to subsection (c)(1) of this section, to be a child with special 

needs; or 


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(ii) in the case of a child who is an applicable child for the 

fiscal year (as so defined), the child— 

(I)(aa) at the time of initiation of adoption proceedings 

was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to— 

(AA) an involuntary removal of the child from the 

home in accordance with a judicial determination to 

the effect that continuation in the home would be contrary to the welfare of the child; or 

(BB) a voluntary placement agreement or voluntary 

relinquishment; 

(bb) meets all medical or disability requirements of title 

XVI with respect to eligibility for supplemental security income benefits; or 

(cc) was residing in a foster family home or child care institution with the child’s minor parent, and the child’s 

minor parent was in such foster family home or child care 

institution pursuant to— 

(AA) an involuntary removal of the child from the 

home in accordance with a judicial determination to 

the effect that continuation in the home would be contrary to the welfare of the child; or 

(BB) a voluntary placement agreement or voluntary 

relinquishment; and 

(II) has been determined by the State, pursuant to subsection (c)(2), to be a child with special needs. 

(B) Section 472(a)(4) shall apply for purposes of subparagraph (A) 

of this paragraph, in any case in which the child is an alien described in such section. 

(C) A child shall be treated as meeting the requirements of this 

paragraph for the purpose of paragraph (1)(B)(ii) if— 

(i) in the case of a child who is not an applicable child for 

the fiscal year (as defined in subsection (e)), the child— 

(I) meets the requirements of subparagraph (A)(i)(II); 

(II) was determined eligible for adoption assistance payments under this part with respect to a prior adoption; 

(III) is available for adoption because— 

(aa) the prior adoption has been dissolved, and the 

parental rights of the adoptive parents have been terminated; or 

(bb) the child’s adoptive parents have died; and 

(IV) fails to meet the requirements of subparagraph 

(A)(i) but would meet such requirements if— 

(aa) the child were treated as if the child were in 

the same financial and other circumstances the child 

was in the last time the child was determined eligible 

for adoption assistance payments under this part; and 

(bb) the prior adoption were treated as never having 

occurred; or 

(ii) in the case of a child who is an applicable child for the 

fiscal year (as so defined), the child meets the requirements of 

subparagraph (A)(ii)(II), is determined eligible for adoption assistance payments under this part with respect to a prior adoption (or who would have been determined eligible for such payments had the Adoption and Safe Families Act of 1997 been in 


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203 

effect at the time that such determination would have been 

made), and is available for adoption because the prior adoption 

has been dissolved and the parental rights of the adoptive parents have been terminated or because the child’s adoptive parents have died. 

(D) In determining the eligibility for adoption assistance payments of a child in a legal guardianship arrangement described 

in section 471(a)(28), the placement of the child with the relative guardian involved and any kinship guardianship assistance payments made on behalf of the child shall be considered 

never to have been made. 

(3) The amount of the payments to be made in any case under 

clauses (i) and (ii) of paragraph (1)(B) shall be determined through 

agreement between the adoptive parents and the State or local 

agency administering the program under this section, which shall 

take into consideration the circumstances of the adopting parents 

and the needs of the child being adopted, and may be readjusted 

periodically, with the concurrence of the adopting parents (which 

may be specified in the adoption assistance agreement), depending 

upon changes in such circumstances. However, in no case may the 

amount of the adoption assistance payment made under clause (ii) 

of paragraph (1)(B) exceed the foster care maintenance payment 

which would have been paid during the period if the child with respect to whom the adoption assistance payment is made had been 

in a foster family home. 

(4)(A) Notwithstanding any other provision of this section, a payment may not be made pursuant to this section to parents or relative guardians with respect to a child— 

(i) who has attained— 

(I) 18 years of age, or such greater age as the State may 

elect under section 475(8)(B)(iii); or 

(II) 21 years of age, if the State determines that the 

child has a mental or physical handicap which warrants 

the continuation of assistance; 

(ii) who has not attained 18 years of age, if the State determines that the parents or relative guardians, as the case may 

be, are no longer legally responsible for the support of the 

child; or 

(iii) if the State determines that the child is no longer receiving any support from the parents or relative guardians, as the 

case may be. 

(B) Parents or relative guardians who have been receiving adoption assistance payments or kinship guardianship assistance payments under this section shall keep the State or local agency administering the program under this section informed of circumstances which would, pursuant to this subsection, make them 

ineligible for the payments, or eligible for the payments in a different amount. 

(5) For purposes of this part, individuals with whom a child (who 

has been determined by the State, pursuant to subsection (c), to be 

a child with special needs) is placed for adoption in accordance 

with applicable State and local law shall be eligible for such payments, during the period of the placement, on the same terms and 

subject to the same conditions as if such individuals had adopted 

such child. 


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204 

(6)(A) For purposes of paragraph (1)(B)(i), the term ‘‘nonrecurring 

adoption expenses’’ means reasonable and necessary adoption fees, 

court costs, attorney fees, and other expenses which are directly related to the legal adoption of a child with special needs and which 

are not incurred in violation of State or Federal law. 

(B) A State’s payment of nonrecurring adoption expenses under 

an adoption assistance agreement shall be treated as an expenditure made for the proper and efficient administration of the State 

plan for purposes of section 474(a)(3)(E). 

(7)(A) Notwithstanding any other provision of this subsection, no 

payment may be made to parents with respect to any applicable 

child for a fiscal year that— 

(i) would be considered a child with special needs under subsection (c)(2); 

(ii) is not a citizen or resident of the United States; and 

(iii) was adopted outside of the United States or was brought 

into the United States for the purpose of being adopted. 

(B) Subparagraph (A) shall not be construed as prohibiting payments under this part for an applicable child described in subparagraph (A) that is placed in foster care subsequent to the failure, as 

determined by the State, of the initial adoption of the child by the 

parents described in subparagraph (A). 

(8)(A) A State shall calculate the savings (if any) resulting from 

the application of paragraph (2)(A)(ii) to all applicable children for 

a fiscal year, using a methodology specified by the Secretary or an 

alternate methodology proposed by the State and approved by the 

Secretary. 

(B) A State shall annually report to the Secretary— 

(i) the methodology used to make the calculation described in 

subparagraph (A), without regard to whether any savings are 

found; 

(ii) the amount of any savings referred to in subparagraph 

(A); and 

(iii) how any such savings are spent, accounting for and reporting the spending separately from any other spending reported to the Secretary under part B or this part. 

(C) The Secretary shall make all information reported pursuant 

to subparagraph (B) available on the website of the Department of 

Health and Human Services in a location easily accessible to the 

public. 

(D)(i) A State shall spend an amount equal to the amount of the 

savings (if any) in State expenditures under this part resulting 

from the application of paragraph (2)(A)(ii) to all applicable children for a fiscal year, to provide to children of families any service 

that may be provided under part B or this part. A State shall 

spend not less than 30 percent of any such savings on post-adoption services, post-guardianship services, and services to support 

and sustain positive permanent outcomes for children who otherwise might enter into foster care under the responsibility of the 

State, with at least 2⁄3 of the spending by the State to comply with 

such 30 percent requirement being spent on post-adoption and 

post-guardianship services. 

(ii) Any State spending required under clause (i) shall be used to 

supplement, and not supplant, any Federal or non-Federal funds 

used to provide any service under part B or this part. 


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(b)(1) For purposes of title XIX, any child who is described in 

paragraph (3) is deemed to be a dependent child as defined in section 406 (as in effect as of July 16, 1996) and deemed to be a recipient of aid to families with dependent children under part A of this 

title (as so in effect) in the State where such child resides. 

(2) For purposes of subtitle 1 of title XX, any child who is described in paragraph (3) is deemed to be a minor child in a needy 

family under a State program funded under part A of this title and 

deemed to be a recipient of assistance under such part. 

(3) A child described in this paragraph is any child— 

(A)(i) who is a child described in subsection (a)(2), and 

(ii) with respect to whom an adoption assistance agreement 

is in effect under this section (whether or not adoption assistance payments are provided under the agreement or are being 

made under this section), including any such child who has 

been placed for adoption in accordance with applicable State 

and local law (whether or not an interlocutory or other judicial 

decree of adoption has been issued), 

(B) with respect to whom foster care maintenance payments 

are being made under section 472, or 

(C) with respect to whom kinship guardianship assistance 

payments are being made pursuant to subsection (d). 

(4) For purposes of paragraphs (1) and (2), a child whose costs 

in a foster family home or child-care institution are covered by the 

foster care maintenance payments being made with respect to the 

child’s minor parent, as provided in section 475(4)(B), shall be considered a child with respect to whom foster care maintenance payments are being made under section 472. 

(c) For purposes of this section— 

(1) in the case of a child who is not an applicable child for 

a fiscal year, the child shall not be considered a child with special needs unless— 

(A) the State has determined that the child cannot or 

should not be returned to the home of his parents; and 

(B) the State had first determined (A) that there exists 

with respect to the child a specific factor or condition (such 

as his ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental, or emotional handicaps) 

because of which it is reasonable to conclude that such 

child cannot be placed with adoptive parents without providing adoption assistance under this section or medical 

assistance under title XIX, and (B) that, except where it 

would be against the best interests of the child because of 

such factors as the existence of significant emotional ties 

with prospective adoptive parents while in the care of such 

parents as a foster child, a reasonable, but unsuccessful, 

effort has been made to place the child with appropriate 

adoptive parents without providing adoption assistance 

under this section or medical assistance under title XIX; or 

(2) in the case of a child who is an applicable child for a fiscal year, the child shall not be considered a child with special 

needs unless— 


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206 

(A) the State has determined, pursuant to a criterion or 

criteria established by the State, that the child cannot or 

should not be returned to the home of his parents; 

(B)(i) the State has determined that there exists with respect to the child a specific factor or condition (such as ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that the child 

cannot be placed with adoptive parents without providing 

adoption assistance under this section and medical assistance under title XIX; or 

(ii) the child meets all medical or disability requirements 

of title XVI with respect to eligibility for supplemental security income benefits; and 

(C) the State has determined that, except where it would 

be against the best interests of the child because of such 

factors as the existence of significant emotional ties with 

prospective adoptive parents while in the care of the parents as a foster child, a reasonable, but unsuccessful, effort 

has been made to place the child with appropriate adoptive 

parents without providing adoption assistance under this 

section or medical assistance under title XIX. 

(d) KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR CHILDREN.— 

(1) KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT.— 

(A) IN GENERAL.—In order to receive payments under 

section 474(a)(5), a State shall— 

(i) negotiate and enter into a written, binding kinship guardianship assistance agreement with the prospective relative guardian of a child who meets the requirements of this paragraph; and 

(ii) provide the prospective relative guardian with a 

copy of the agreement. 

(B) MINIMUM REQUIREMENTS.—The agreement shall 

specify, at a minimum— 

(i) the amount of, and manner in which, each kinship guardianship assistance payment will be provided 

under the agreement, and the manner in which the 

payment may be adjusted periodically, in consultation 

with the relative guardian, based on the circumstances 

of the relative guardian and the needs of the child; 

(ii) the additional services and assistance that the 

child and relative guardian will be eligible for under 

the agreement; 

(iii) the procedure by which the relative guardian 

may apply for additional services as needed; and 

(iv) subject to subparagraph (D), that the State will 

pay the total cost of nonrecurring expenses associated 

with obtaining legal guardianship of the child, to the 

extent the total cost does not exceed $2,000. 

(C) INTERSTATE APPLICABILITY.—The agreement shall 

provide that the agreement shall remain in effect without 

regard to the State residency of the relative guardian. 


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207 

(D) NO EFFECT ON FEDERAL REIMBURSEMENT.—Nothing 

in subparagraph (B)(iv) shall be construed as affecting the 

ability of the State to obtain reimbursement from the Federal Government for costs described in that subparagraph. 

(2) LIMITATIONS ON AMOUNT OF KINSHIP GUARDIANSHIP AS- SISTANCE PAYMENT.—A kinship guardianship assistance payment on behalf of a child shall not exceed the foster care maintenance payment which would have been paid on behalf of the 

child if the child had remained in a foster family home. 

(3) CHILD’S ELIGIBILITY FOR A KINSHIP GUARDIANSHIP ASSIST- ANCE PAYMENT.— (A) IN GENERAL.—A child is eligible for a kinship guardianship assistance payment under this subsection if the 

State agency determines the following: 

(i) The child has been— 

(I) removed from his or her home pursuant to a 

voluntary placement agreement or as a result of a 

judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; and 

(II) eligible for foster care maintenance payments under section 472 while residing for at 

least 6 consecutive months in the home of the prospective relative guardian. 

(ii) Being returned home or adopted are not appropriate permanency options for the child. 

(iii) The child demonstrates a strong attachment to 

the prospective relative guardian and the relative 

guardian has a strong commitment to caring permanently for the child. 

(iv) With respect to a child who has attained 14 

years of age, the child has been consulted regarding 

the kinship guardianship arrangement. 

(B) TREATMENT OF SIBLINGS.—With respect to a child described in subparagraph (A) whose sibling or siblings are 

not so described— 

(i) the child and any sibling of the child may be 

placed in the same kinship guardianship arrangement, 

in accordance with section 471(a)(31), if the State 

agency and the relative agree on the appropriateness 

of the arrangement for the siblings; and 

(ii) kinship guardianship assistance payments may 

be paid on behalf of each sibling so placed. 

(C) ELIGIBILITY NOT AFFECTED BY REPLACEMENT OF

GUARDIAN WITH A SUCCESSOR GUARDIAN.—In the event of 

the death or incapacity of the relative guardian, the eligibility of a child for a kinship guardianship assistance payment under this subsection shall not be affected by reason 

of the replacement of the relative guardian with a successor legal guardian named in the kinship guardianship 

assistance agreement referred to in paragraph (1) (including in any amendment to the agreement), notwithstanding 

subparagraph (A) of this paragraph and section 471(a)(28). 

(e) APPLICABLE CHILD DEFINED.— 

(1) ON THE BASIS OF AGE.— 


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208 

(A) IN GENERAL.—Subject to paragraphs (2) and (3), in 

this section, the term ‘‘applicable child’’ means a child for 

whom an adoption assistance agreement is entered into 

under this section during any øfiscal year¿ period described in subparagraph (B) if the child attained the applicable age for that øfiscal year¿ period before the end of 

that øfiscal year¿ period. 

(B) APPLICABLE AGE.—For purposes of subparagraph (A), 

the applicable age for a øfiscal year¿ period is as follows: 

In the case of øfiscal year¿: The applicable age is: 

ø2010¿ Fiscal year 2010 ................................................................. 16

ø2011¿ Fiscal year 2011 ................................................................. 14

ø2012¿ Fiscal year 2012 ................................................................. 12

ø2013¿ Fiscal year 2013 ................................................................. 10

ø2014¿ Fiscal year 2014 ................................................................. 8

ø2015¿ Fiscal year 2015 ................................................................. 6

ø2016¿ October 1, 2015, through March 31, 2019 ....................... 4

ø2017¿ April 1, 2019, through March 31, 2020 ........................... 2

ø2018¿ April 1, 2020, or thereafter ............................................ any age. 

(2) EXCEPTION FOR DURATION IN CARE.—Notwithstanding 

paragraph (1) of this subsection, beginning with fiscal year 

2010, such term shall include a child of any age on the date 

on which an adoption assistance agreement is entered into on 

behalf of the child under this section if the child— 

(A) has been in foster care under the responsibility of 

the State for at least 60 consecutive months; and 

(B) meets the requirements of subsection (a)(2)(A)(ii). 

(3) EXCEPTION FOR MEMBER OF A SIBLING GROUP.—Notwithstanding paragraphs (1) and (2) of this subsection, beginning 

with fiscal year 2010, such term shall include a child of any 

age on the date on which an adoption assistance agreement is 

entered into on behalf of the child under this section without 

regard to whether the child is described in paragraph (2)(A) of 

this subsection if the child— 

(A) is a sibling of a child who is an applicable child for 

the fiscal year under paragraph (1) or (2) of this subsection; 

(B) is to be placed in the same adoption placement as an 

applicable child for the fiscal year who is their sibling; and 

(C) meets the requirements of subsection (a)(2)(A)(ii). 

SEC. 473A. ADOPTION AND LEGAL GUARDIANSHIP INCENTIVE PAYMENTS. 

(a) GRANT AUTHORITY.—Subject to the availability of such 

amounts as may be provided in advance in appropriations Acts for 

this purpose, the Secretary shall make a grant to each State that 

is an incentive-eligible State for a fiscal year in an amount equal 

to the adoption and legal guardianship incentive payment payable 

to the State under this section for the fiscal year, which shall be 

payable in the immediately succeeding fiscal year. 

(b) INCENTIVE-ELIGIBLE STATE.—A State is an incentive-eligible 

State for a fiscal year if— 


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209 

(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; 

(3) the State provides health insurance coverage to any child 

with special needs (as determined under section 473(c)) for 

whom there is in effect an adoption assistance agreement between a State and an adoptive parent or parents; and 

(4) the fiscal year is any of fiscal years ø2013 through 2015¿ 

2016 through 2020. (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 the data described in paragraph (2)— 

(A) for fiscal years 1995 through 1997 (or, if the first fiscal year for which the State seeks a grant under this section is after fiscal year 1998, the fiscal year that precedes 

such first fiscal year); and 

(B) for each succeeding fiscal year that precedes the fiscal year. 

(2) DETERMINATION OF RATES OF ADOPTIONS AND

GUARDIANSHIPS BASED ON AFCARS DATA.—The Secretary shall 

determine each of the rates required to be determined under 

this section with respect to a State and a fiscal year, on the 

basis of data meeting the requirements of the system established pursuant to section 479, as reported by the State and 

approved by the Secretary by August 1 of the succeeding fiscal 

year, and, with respect to the determination of the rates related to foster child guardianships, on the basis of information 

reported to the Secretary under paragraph (12) of subsection 

(g). 

(3) NO WAIVER OF AFCARS REQUIREMENTS.—This section shall 

not be construed to alter or affect any requirement of section 

479 or of any regulation prescribed under such section with respect to reporting of data by States, or to waive any penalty 

for failure to comply with such a requirement. 

(d) ADOPTION AND LEGAL GUARDIANSHIP INCENTIVE PAYMENT.— (1) IN GENERAL.—Except as provided in paragraphs (2) and 

(3), the adoption and legal guardianship incentive payment 

payable to a State for a fiscal year under this section shall be 

equal to the sum of— (A) $5,000, multiplied by the amount (if any) by which— 

(i) the number of foster child adoptions in the State 

during the fiscal year; exceeds 

(ii) the product (rounded to the nearest whole number) of— 

(I) the base rate of foster child adoptions for the 

State for the fiscal year; and 

(II) the number of children in foster care under 

the supervision of the State on the last day of the 

preceding fiscal year; 

(B) $7,500, multiplied by the amount (if any) by which— 

(i) the number of pre-adolescent child adoptions and 

pre-adolescent foster child guardianships in the State 

during the fiscal year; exceeds 


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210 

(ii) the product (rounded to the nearest whole number) of— 

(I) the base rate of pre-adolescent child adoptions and pre-adolescent foster child 

guardianships for the State for the fiscal year; and 

(II) the number of children in foster care under 

the supervision of the State on the last day of the 

preceding fiscal year who have attained 9 years of 

age but not 14 years of age; and (C) $10,000, multiplied by the amount (if any) by 

which— 

(i) the number of older child adoptions and older foster child guardianships in the State during the fiscal 

year; exceeds 

(ii) the product (rounded to the nearest whole number) of— 

(I) the base rate of older child adoptions and 

older foster child guardianships for the State for 

the fiscal year; and 

(II) the number of children in foster care under 

the supervision of the State on the last day of the 

preceding fiscal year who have attained 14 years 

of age; and (D) $4,000, multiplied by the amount (if any) by which— 

(i) the number of foster child guardianships in the 

State during the fiscal year; exceeds 

(ii) the product (rounded to the nearest whole number) of— 

(I) the base rate of foster child guardianships for 

the State for the fiscal year; and 

(II) the number of children in foster care under 

the supervision of the State on the last day of the 

preceding fiscal year. 

(2) PRO RATA ADJUSTMENT IF INSUFFICIENT FUNDS AVAILABLE.—For any fiscal year, if the total amount of adoption incentive payments otherwise payable under paragraph (1) for a 

fiscal year exceeds the amount appropriated pursuant to subsection (h) for the fiscal year, the amount of the adoption incentive payment payable to each State under paragraph (1) for 

the fiscal year shall be— 

(A) the amount of the adoption and legal guardianship 

incentive payment that would otherwise be payable to the 

State under paragraph (1) for the fiscal year; multiplied by 

(B) the percentage represented by the amount so appropriated for the fiscal year, divided by the total amount of 

adoption and legal guardianship incentive payments otherwise payable under paragraph (1) for the fiscal year. 

(3) INCREASED ADOPTION AND LEGAL GUARDIANSHIP INCENTIVE PAYMENT FOR TIMELY ADOPTIONS.— (A) IN GENERAL.—If for any of fiscal years 2013 through 

2015, the total amount of adoption and legal guardianship 

incentive payments payable under paragraph (1) of this 

subsection are less than the amount appropriated under 

subsection (h) for the fiscal year, then, from the remainder 

of the amount appropriated for the fiscal year that is not 


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211 

required for such payments (in this paragraph referred to 

as the ‘‘timely adoption award pool’’), the Secretary shall 

increase the adoption incentive payment determined under 

paragraph (1) for each State that the Secretary determines 

is a timely adoption award State for the fiscal year by the 

award amount determined for the fiscal year under subparagraph (C). 

(B) TIMELY ADOPTION AWARD STATE DEFINED.—A State is 

a timely adoption award State for a fiscal year if the Secretary determines that, for children who were in foster 

care under the supervision of the State at the time of 

adoptive placement, the average number of months from 

removal of children from their home to the placement of 

children in finalized adoptions is less than 24 months. 

(C) AWARD AMOUNT.—For purposes of subparagraph (A), 

the award amount determined under this subparagraph 

with respect to a fiscal year is the amount equal to the 

timely adoption award pool for the fiscal year divided by 

the number of timely adoption award States for the fiscal 

year. 

(e) 36-MONTH AVAILABILITY OF INCENTIVE PAYMENTS.—Payments 

to a State under this section in a fiscal year shall remain available 

for use by the State for the 36-month period beginning with the 

month in which the payments are made. 

(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, and shall 

use the amount to supplement, and not supplant, any Federal or 

non-Federal funds used to provide any service 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 424, 

434, and 474. 

(g) DEFINITIONS.—As used in this section: 

(1) FOSTER CHILD ADOPTION RATE.—The term ‘‘foster child 

adoption rate’’ means, with respect to a State and a fiscal year, 

the percentage determined by dividing— 

(A) the number of foster child adoptions finalized in the 

State during the fiscal year; by 

(B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year. 

(2) BASE RATE OF FOSTER CHILD ADOPTIONS.—The term ‘‘base 

rate of foster child adoptions’’ means, with respect to a State 

and a fiscal year, the lesser of— 

(A) the foster child adoption rate for the State for the 

then immediately preceding fiscal year; or 

(B) the foster child adoption rate for the State for the average of the then immediately preceding 3 fiscal years. 

(3) FOSTER CHILD ADOPTION.—The term ‘‘foster child adoption’’ means the final adoption of a child who, at the time of 

adoptive placement, was in foster care under the supervision 

of the State. 


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212 

(4) PRE-ADOLESCENT CHILD ADOPTION AND PRE-ADOLESCENT

FOSTER CHILD GUARDIANSHIP RATE.—The term ‘‘pre-adolescent 

child adoption and pre-adolescent foster child guardianship 

rate’’ means, with respect to a State and a fiscal year, the percentage determined by dividing— 

(A) the number of pre-adolescent child adoptions and 

pre-adolescent foster child guardianships finalized in the 

State during the fiscal year; by 

(B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year, who have attained 9 years of age but not 14 years 

of age. 

(5) BASE RATE OF PRE-ADOLESCENT CHILD ADOPTIONS AND

PRE-ADOLESCENT FOSTER CHILD GUARDIANSHIPS.—The term 

‘‘base rate of pre-adolescent child adoptions and pre-adolescent 

foster child guardianships’’ means, with respect to a State and 

a fiscal year, the lesser of— 

(A) the pre-adolescent child adoption and pre-adolescent 

foster child guardianship rate for the State for the then 

immediately preceding fiscal year; or 

(B) the pre-adolescent child adoption and pre-adolescent 

foster child guardianship rate for the State for the average 

of the then immediately preceding 3 fiscal years. 

(6) PRE-ADOLESCENT CHILD ADOPTION AND PRE-ADOLESCENT

FOSTER CHILD GUARDIANSHIP.—The term ‘‘pre-adolescent child 

adoption and pre-adolescent foster child guardianship’’ means 

the final adoption, or the placement into foster child guardianship (as defined in paragraph (12)) of a child who has attained 

9 years of age but not 14 years of age if— 

(A) at the time of the adoptive or foster child guardianship placement, the child was in foster care under the supervision of the State; or 

(B) an adoption assistance agreement was in effect 

under section 473(a) with respect to the child. 

(7) OLDER CHILD ADOPTION AND OLDER FOSTER CHILD GUARDIANSHIP RATE.—The term ‘‘older child adoption and older foster 

child guardianship rate’’ means, with respect to a State and a 

fiscal year, the percentage determined by dividing— 

(A) the number of older child adoptions and older foster 

child guardianships finalized in the State during the fiscal 

year; by 

(B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year, who have attained 14 years of age. 

(8) BASE RATE OF OLDER CHILD ADOPTIONS AND OLDER FOSTER

CHILD GUARDIANSHIPS.—The term ‘‘base rate of older child 

adoptions and older foster child guardianships’’ means, with respect to a State and a fiscal year, the lesser of— 

(A) the older child adoption and older foster child guardianship rate for the State for the then immediately preceding fiscal year; or 

(B) the older child adoption and older foster child guardianship rate for the State for the average of the then immediately preceding 3 fiscal years. 


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213 

(9) OLDER CHILD ADOPTION AND OLDER FOSTER CHILD GUARDIANSHIP.—The term ‘‘older child adoption and older foster child 

guardianship’’ means the final adoption, or the placement into 

foster child guardianship (as defined in paragraph (12)) of a 

child who has attained 14 years of age if— 

(A) at the time of the adoptive or foster child guardianship placement, the child was in foster care under the supervision of the State; or 

(B) an adoption assistance agreement was in effect 

under section 473(a) with respect to the child. 

(10) FOSTER CHILD GUARDIANSHIP RATE.—The term ‘‘foster 

child guardianship rate’’ means, with respect to a State and a 

fiscal year, the percentage determined by dividing— 

(A) the number of foster child guardianships occurring in 

the State during the fiscal year; by 

(B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year. 

(11) BASE RATE OF FOSTER CHILD GUARDIANSHIPS.—The term 

‘‘base rate of foster child guardianships’’ means, with respect to 

a State and a fiscal year, the lesser of— 

(A) the foster child guardianship rate for the State for 

the then immediately preceding fiscal year; or 

(B) the foster child guardianship rate for the State for 

the average of the then immediately preceding 3 fiscal 

years. 

(12) FOSTER CHILD GUARDIANSHIP.—The term ‘‘foster child 

guardianship’’ means, with respect to a State, the exit of a 

child from foster care under the responsibility of the State to 

live with a legal guardian, if the State has reported to the Secretary— 

(A) that the State agency has determined that— 

(i) the child has been removed from his or her home 

pursuant to a voluntary placement agreement or as a 

result of a judicial determination to the effect that 

continuation in the home would be contrary to the 

welfare of the child; 

(ii) being returned home or adopted are not appropriate permanency options for the child; 

(iii) the child demonstrates a strong attachment to 

the prospective legal guardian, and the prospective 

legal guardian has a strong commitment to caring permanently for the child; and 

(iv) if the child has attained 14 years of age, the 

child has been consulted regarding the legal guardianship arrangement; or 

(B) the alternative procedures used by the State to determine that legal guardianship is the appropriate option 

for the child. 

(h) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—For grants under subsection (a), there are 

authorized to be appropriated to the Secretary— 

(A) $20,000,000 for fiscal year 1999; 

(B) $43,000,000 for fiscal year 2000; 


SSpencer on DSK4SPTVN1PROD with REPORTS
214 

(C) $20,000,000 for each of fiscal years 2001 through 

2003; and (D) $43,000,000 for each of fiscal years 2004 through 

ø2016¿ 2021. (2) AVAILABILITY.—Amounts appropriated under paragraph 

(1), or under any other law for grants under subsection (a), are 

authorized to remain available until expended, but not after 

fiscal year ø2016¿ 2021. (i) TECHNICAL ASSISTANCE.— (1) IN GENERAL.—The Secretary may, directly or through 

grants or contracts, provide technical assistance to assist 

States and local communities to reach their targets for increased numbers of adoptions and, to the extent that adoption 

is not possible, alternative permanent placements, for children 

in foster care. 

(2) DESCRIPTION OF THE CHARACTER OF THE TECHNICAL AS- SISTANCE.—The technical assistance provided under paragraph 

(1) may support the goal of encouraging more adoptions out of 

the foster care system, when adoptions promote the best interests of children, and may include the following: 

(A) The development of best practice guidelines for expediting termination of parental rights. 

(B) Models to encourage the use of concurrent 

planning. 

(C) The development of specialized units and expertise 

in moving children toward adoption as a permanency goal. 

(D) The development of risk assessment tools to facilitate early identification of the children who will be at risk 

of harm if returned home. 

(E) Models to encourage the fast tracking of children 

who have not attained 1 year of age into pre-adoptive 

placements. 

(F) Development of programs that place children into 

pre-adoptive families without waiting for termination of 

parental rights. 

(3) TARGETING OF TECHNICAL ASSISTANCE TO THE COURTS.— Not less than 50 percent of any amount appropriated pursuant 

to paragraph (4) shall be used to provide technical assistance 

to the courts. 

(4) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—To 

carry out this subsection, there are authorized to be appropriated to the Secretary of Health and Human Services not to 

exceed $10,000,000 for each of fiscal years 2004 through 2006. 

PAYMENTS TO STATES; ALLOTMENTS TO STATES

SEC. 474. (a) For each quarter beginning after September 30, 

1980, each State which has a plan approved under this part shall 

be entitled to a payment equal to the sum of— 

(1) subject to subsections (j) and (k) of section 472, an amount 

equal to the Federal medical assistance percentage (which 

shall be as defined in section 1905(b), in the case of a State 

other than the District of Columbia, or 70 percent, in the case 

of the District of Columbia) of the total amount expended during such quarter as foster care maintenance payments under 

section 472 for children in foster family homes or child-care inVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00214 Fmt 6659 Sfmt 6601 E:\HR\OC\HR628.XXX HR628

SSpencer on DSK4SPTVN1PROD with REPORTS
215 

stitutions (or, with respect to such payments made during such 

quarter under a cooperative agreement or contract entered into 

by the State and an Indian tribe, tribal organization, or tribal 

consortium for the administration or payment of funds under 

this part, an amount equal to the Federal medical assistance 

percentage that would apply under section 479B(d) (in this 

paragraph referred to as the ‘‘tribal FMAP’’) if such Indian 

tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the 

tribal FMAP is less than the Federal medical assistance percentage that applies to the State); plus 

(2) an amount equal to the Federal medical assistance percentage (which shall be as defined in section 1905(b), in the 

case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia) of the total 

amount expended during such quarter as adoption assistance 

payments under section 473 pursuant to adoption assistance 

agreements (or, with respect to such payments made during 

such quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, 

or tribal consortium for the administration or payment of funds 

under this part, an amount equal to the Federal medical assistance percentage that would apply under section 479B(d) (in 

this paragraph referred to as the ‘‘tribal FMAP’’) if such Indian 

tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the 

tribal FMAP is less than the Federal medical assistance percentage that applies to the State); plus 

(3) subject to section 472(i) an amount equal to the sum of 

the following proportions of the total amounts expended during 

such quarter as found necessary by the Secretary for the provision of child placement services and for the proper and efficient 

administration of the State plan— 

(A) 75 per centum of so much of such expenditures as 

are for the training (including both short-and long-term 

training at educational institutions through grants to such 

institutions or by direct financial assistance to students 

enrolled in such institutions) of personnel employed or preparing for employment by the State agency or by the local 

agency administering the plan in the political subdivision, 

(B) 75 percent of so much of such expenditures (including travel and per diem expenses) as are for the short-term 

training of current or prospective foster or adoptive parents or relative guardians, the members of the staff of 

State-licensed or State-approved child care institutions 

providing care, or State-licensed or State-approved child 

welfare agencies providing services, to children receiving 

assistance under this part, and members of the staff of 

abuse and neglect courts, agency attorneys, attorneys representing children or parents, guardians ad litem, or other 

court-appointed special advocates representing children in 

proceedings of such courts, in ways that increase the ability of such current or prospective parents, guardians, staff 

members, institutions, attorneys, and advocates to provide 

support and assistance to foster and adopted children and 


SSpencer on DSK4SPTVN1PROD with REPORTS
216 

children living with relative guardians, whether incurred 

directly by the State or by contract, 

(C) 50 percent of so much of such expenditures as are for 

the planning, design, development, or installation of statewide mechanized data collection and information retrieval 

systems (including 50 percent of the full amount of expenditures for hardware components for such systems) but 

only to the extent that such systems— 

(i) meet the requirements imposed by regulations 

promulgated pursuant to section 479(b)(2); 

(ii) to the extent practicable, are capable of interfacing with the State data collection system that collects information relating to child abuse and neglect; 

(iii) to the extent practicable, have the capability of 

interfacing with, and retrieving information from, the 

State data collection system that collects information 

relating to the eligibility of individuals under part A 

(for the purposes of facilitating verification of eligibility of foster children); and 

(iv) are determined by the Secretary to be likely to 

provide more efficient, economical, and effective administration of the programs carried out under a State 

plan approved under part B or this part; and 

(D) 50 percent of so much of such expenditures as are 

for the operation of the statewide mechanized data collection and information retrieval systems referred to in subparagraph (C); and 

(E) one-half of the remainder of such expenditures; plus 

(4) an amount equal to the amount (if any) by which— 

(A) the lesser of— 

(i) 80 percent of the amounts expended by the State 

during the fiscal year in which the quarter occurs to 

carry out programs in accordance with the State application approved under section 477(b) for the period in 

which the quarter occurs (including any amendment 

that meets the requirements of section 477(b)(5)); or 

(ii) the amount allotted to the State under section 

477(c)(1) for the fiscal year in which the quarter occurs, reduced by the total of the amounts payable to 

the State under this paragraph for all prior quarters 

in the fiscal year; exceeds 

(B) the total amount of any penalties assessed against 

the State under section 477(e) during the fiscal year in 

which the quarter occurs; plus 

(5) an amount equal to the percentage by which the expenditures referred to in paragraph (2) of this subsection are reimbursed of the total amount expended during such quarter as 

kinship guardianship assistance payments under section 473(d) 

pursuant to kinship guardianship assistance agreementsø.¿; 

plus 

(6) subject to section 471(e)— 

(A) for each quarter— 

(i) subject to clause (ii)— 

(I) beginning after September 30, 2019, and before October 1, 2025, an amount equal to 50 perVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00216 Fmt 6659 Sfmt 6603 E:\HR\OC\HR628.XXX HR628

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217 

cent of the total amount expended during the quarter for the provision of services or programs specified in subparagraph (A) or (B) of section 471(e)(1) 

that are provided in accordance with promising, 

supported, or well-supported practices that meet 

the applicable criteria specified for the practices in 

section 471(e)(4)(C); and 

(II) beginning after September 30, 2025, an 

amount equal to the Federal medical assistance 

percentage (which shall be as defined in section 

1905(b), in the case of a State other than the District of Columbia, or 70 percent, in the case of the 

District of Columbia) of the total amount expended 

during the quarter for the provision of services or 

programs specified in subparagraph (A) or (B) of 

section 471(e)(1) that are provided in accordance 

with promising, supported, or well-supported practices that meet the applicable criteria specified for 

the practices in section 471(e)(4)(C) (or, with respect to the payments made during the quarter 

under a cooperative agreement or contract entered 

into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an 

amount equal to the Federal medical assistance 

percentage that would apply under section 479B(d) 

(in this paragraph referred to as the ‘‘tribal 

FMAP’’) if the Indian tribe, tribal organization, or 

tribal consortium made the payments under a program operated under that section, unless the tribal 

FMAP is less than the Federal medical assistance 

percentage that applies to the State); except that 

(ii) not less than 50 percent of the total amount payable to a State under clause (i) for a fiscal year shall 

be for the provision of services or programs specified in 

subparagraph (A) or (B) of section 471(e)(1) that are 

provided in accordance with well-supported practices; 

plus 

(B) for each quarter specified in subparagraph (A), an 

amount equal to the sum of the following proportions of the 

total amount expended during the quarter: 

(i) 50 percent of so much of the expenditures as are 

found necessary by the Secretary for the proper and efficient administration of the State plan for the provision of services or programs specified in section 

471(e)(1), including expenditures for activities approved by the Secretary that promote the development 

of necessary processes and procedures to establish and 

implement the provision of the services and programs 

for individuals who are eligible for the services and 

programs and expenditures attributable to data collection and reporting; and 

(ii) 50 percent of so much of the expenditures with respect to the provision of services and programs specified in section 471(e)(1) as are for training of personnel 


SSpencer on DSK4SPTVN1PROD with REPORTS
218 

employed or preparing for employment by the State 

agency or by the local agency administering the plan in 

the political subdivision and of the members of the 

staff of State-licensed or State-approved child welfare 

agencies providing services to children described in section 471(e)(2) and their parents or kin caregivers, including on how to determine who are individuals eligible for the services or programs, how to identify and 

provide appropriate services and programs, and how to 

oversee and evaluate the ongoing appropriateness of the 

services and programs; plus 

(7) an amount equal to 50 percent of the amounts expended 

by the State during the quarter as the Secretary determines are 

for kinship navigator programs that meet the requirements described in section 427(a)(1) and that the Secretary determines 

are operated in accordance with promising, supported, or wellsupported practices that meet the applicable criteria specified 

for the practices in section 471(e)(4)(C), without regard to 

whether the expenditures are incurred on behalf of children who 

are, or are potentially, eligible for foster care maintenance payments under this part. 

(b)(1) The Secretary shall, prior to the beginning of each quarter, 

estimate the amount to which a State will be entitled under subsections (a) for such quarter, such estimates to be based on (A) a 

report filed by the State containing its estimate of the total sum 

to be expended in such quarter in accordance with subsection (a), 

and stating the amount appropriated or made available by the 

State and its political subdivisions for such expenditures in such 

quarter, and if such amount is less than the State’s proportionate 

share of the total sum of such estimated expenditures, the source 

or sources from which the difference is expected to be derived, (B) 

records showing the number of children in the State receiving assistance under this part, and (C) such other investigation as the 

Secretary may find necessary. 

(2) The Secretary shall then pay to the State, in such installments as he may determine, the amounts so estimated, reduced or 

increased to the extent of any overpayment or underpayment which 

the Secretary determines was made under this section to such 

State for any prior quarter and with respect to which adjustment 

has not already been made under this subsection. 

(3) The pro rata share to which the United States is equitably 

entitled, as determined by the Secretary, of the net amount recovered during any quarter by the State or any political subdivision 

thereof with respect to foster care and adoption assistance furnished under the State plan shall be considered an overpayment to 

be adjusted under this subsection. 

(4)(A) Within 60 days after receipt of a State claim for expenditures pursuant to subsection (a), the Secretary shall allow, disallow, or defer such claim. 

(B) Within 15 days after a decision to defer such a State claim, 

the Secretary shall notify the State of the reasons for the deferral 

and of the additional information necessary to determine the allowability of the claim. 

(C) Within 90 days after receiving such necessary information (in 

readily reviewable form), the Secretary shall— 


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219 

(i) disallow the claim, if able to complete the review and determine that the claim is not allowable, or 

(ii) in any other case, allow the claim, subject to disallowance 

(as necessary)— 

(I) upon completion of the review, if it is determined that 

the claim is not allowable; or 

(II) on the basis of findings of an audit or financial management review. 

(c) AUTOMATED DATA COLLECTION EXPENDITURES.—The Secretary shall treat as necessary for the proper and efficient administration of the State plan all expenditures of a State necessary in 

order for the State to plan, design, develop, install, and operate 

data collection and information retrieval systems described in subsection (a)(3)(C), without regard to whether the systems may be 

used with respect to foster or adoptive children other than those on 

behalf of whom foster care maintenance payments or adoption assistance payments may be made under this part. 

(d)(1) If, during any quarter of a fiscal year, a State’s program 

operated under this part is found, as a result of a review conducted 

under section 1123A, or otherwise, to have violated paragraph (18) 

or (23) of section 471(a) with respect to a person or to have failed 

to implement a corrective action plan within a period of time not 

to exceed 6 months with respect to such violation, then, notwithstanding subsection (a) of this section and any regulations promulgated under section 1123A(b)(3), the Secretary shall reduce the 

amount otherwise payable to the State under this part, for that fiscal year quarter and for any subsequent quarter of such fiscal year, 

until the State program is found, as a result of a subsequent review under section 1123A, to have implemented a corrective action 

plan with respect to such violation, by— 

(A) 2 percent of such otherwise payable amount, in the case 

of the 1st such finding for the fiscal year with respect to the 

State; 

(B) 3 percent of such otherwise payable amount, in the case 

of the 2nd such finding for the fiscal year with respect to the 

State; or 

(C) 5 percent of such otherwise payable amount, in the case 

of the 3rd or subsequent such finding for the fiscal year with 

respect to the State. 

In imposing the penalties described in this paragraph, the Secretary shall not reduce any fiscal year payment to a State by more 

than 5 percent. 

(2) Any other entity which is in a State that receives funds under 

this part and which violates paragraph (18) or (23) of section 471(a) 

during a fiscal year quarter with respect to any person shall remit 

to the Secretary all funds that were paid by the State to the entity 

during the quarter from such funds. 

(3)(A) Any individual who is aggrieved by a violation of section 

471(a)(18) by a State or other entity may bring an action seeking 

relief from the State or other entity in any United States district 

court. 

(B) An action under this paragraph may not be brought more 

than 2 years after the date the alleged violation occurred. 

(4) This subsection shall not be construed to affect the application of the Indian Child Welfare Act of 1978. 


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(e) DISCRETIONARY GRANTS FOR EDUCATIONAL AND TRAINING

VOUCHERS FOR YOUTHS AGING OUT OF FOSTER CARE.—From 

amounts appropriated pursuant to section 477(h)(2), the Secretary 

may make a grant to a State with a plan approved under this part, 

for a calendar quarter, in an amount equal to the lesser of— 

(1) 80 percent of the amounts expended by the State during 

the quarter to carry out programs for the purposes described 

in section 477(a)(6); or 

(2) the amount, if any, allotted to the State under section 

477(c)(3) for the fiscal year in which the quarter occurs, reduced by the total of the amounts payable to the State under 

this subsection for such purposes for all prior quarters in the 

fiscal year. 

(f)(1) If the Secretary finds that a State has failed to submit to 

the Secretary data, as required by regulation, for the data collection system implemented under section 479, the Secretary shall, 

within 30 days after the date by which the data was due to be so 

submitted, notify the State of the failure and that payments to the 

State under this part will be reduced if the State fails to submit 

the data, as so required, within 6 months after the date the data 

was originally due to be so submitted. 

(2) If the Secretary finds that the State has failed to submit the 

data, as so required, by the end of the 6-month period referred to 

in paragraph (1) of this subsection, then, notwithstanding subsection (a) of this section and any regulations promulgated under 

section 1123A(b)(3), the Secretary shall reduce the amounts otherwise payable to the State under this part, for each quarter ending 

in the 6-month period (and each quarter ending in each subsequent 

consecutively occurring 6-month period until the Secretary finds 

that the State has submitted the data, as so required), by— 

(A) 1⁄6 of 1 percent of the total amount expended by the State 

for administration of foster care activities under the State plan 

approved under this part in the quarter so ending, in the case 

of the 1st 6-month period during which the failure continues; 

or 

(B) 1⁄4 of 1 percent of the total amount so expended, in the 

case of the 2nd or any subsequent such 6-month period. 

(g) For purposes of this part, after the termination of a demonstration project relating to guardianship conducted by a State 

under section 1130, the expenditures of the State for the provision, 

to children who, as of September 30, 2008, were receiving assistance or services under the project, of the same assistance and services under the same terms and conditions that applied during the 

conduct of the project, are deemed to be expenditures under the 

State plan approved under this part. 

DEFINITIONS

SEC. 475. As used in this part or part B of this title: 

(1) The term ‘‘case plan’’ means a written document which 

meets the requirements of section 475A and includes at least 

the following: 

(A) A description of the type of home or institution in 

which a child is to be placed, including a discussion of the 

safety and appropriateness of the placement and how the 

agency which is responsible for the child plans to carry out 


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221 

the voluntary placement agreement entered into or judicial 

determination made with respect to the child in accordance 

with section 472(a)(1). 

(B) A plan for assuring that the child receives safe and 

proper care and that services are provided to the parents, 

child, and foster parents in order to improve the conditions 

in the parents’ home, facilitate return of the child to his 

own safe home or the permanent placement of the child, 

and address the needs of the child while in foster care, including a discussion of the appropriateness of the services 

that have been provided to the child under the plan. With 

respect to a child who has attained 14 years of age, the 

plan developed for the child in accordance with this paragraph, and any revision or addition to the plan, shall be 

developed in consultation with the child and, at the option 

of the child, with up to 2 members of the case planning 

team who are chosen by the child and who are not a foster 

parent of, or caseworker for, the child. A State may reject 

an individual selected by a child to be a member of the 

case planning team at any time if the State has good cause 

to believe that the individual would not act in the best interests of the child. One individual selected by a child to 

be a member of the child’s case planning team may be designated to be the child’s advisor and, as necessary, advocate, with respect to the application of the reasonable and 

prudent parent standard to the child. 

(C) The health and education records of the child, including the most recent information available regarding— 

(i) the names and addresses of the child’s health and 

educational providers; 

(ii) the child’s grade level performance; 

(iii) the child’s school record; 

(iv) a record of the child’s immunizations; 

(v) the child’s known medical problems; 

(vi) the child’s medications; and 

(vii) any other relevant health and education information concerning the child determined to be appropriate by the State agency. 

(D) For a child who has attained 14 years of age or over, 

a written description of the programs and services which 

will help such child prepare for the transition from foster 

care to a successful adulthood. 

(E) In the case of a child with respect to whom the permanency plan is adoption or placement in another permanent home, documentation of the steps the agency is taking to find an adoptive family or other permanent living 

arrangement for the child, to place the child with an adoptive family, a fit and willing relative, a legal guardian, or 

in another planned permanent living arrangement, and to 

finalize the adoption or legal guardianship. At a minimum, 

such documentation shall include child specific recruitment efforts such as the use of State, regional, and national adoption exchanges including electronic exchange 

systems to facilitate orderly and timely in-State and interstate placements. 


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(F) In the case of a child with respect to whom the permanency plan is placement with a relative and receipt of 

kinship guardianship assistance payments under section 

473(d), a description of— 

(i) the steps that the agency has taken to determine 

that it is not appropriate for the child to be returned 

home or adopted; 

(ii) the reasons for any separation of siblings during 

placement; 

(iii) the reasons why a permanent placement with a 

fit and willing relative through a kinship guardianship 

assistance arrangement is in the child’s best interests; 

(iv) the ways in which the child meets the eligibility 

requirements for a kinship guardianship assistance 

payment; 

(v) the efforts the agency has made to discuss adoption by the child’s relative foster parent as a more permanent alternative to legal guardianship and, in the 

case of a relative foster parent who has chosen not to 

pursue adoption, documentation of the reasons therefor; and 

(vi) the efforts made by the State agency to discuss 

with the child’s parent or parents the kinship guardianship assistance arrangement, or the reasons why 

the efforts were not made. 

(G) A plan for ensuring the educational stability of the 

child while in foster care, including— 

(i) assurances that each placement of the child in 

foster care takes into account the appropriateness of 

the current educational setting and the proximity to 

the school in which the child is enrolled at the time of 

placement; and 

(ii)(I) an assurance that the State agency has coordinated with appropriate local educational agencies (as 

defined under section 8101 of the Elementary and Secondary Education Act of 1965) to ensure that the child 

remains in the school in which the child is enrolled at 

the time of each placement; or 

(II) if remaining in such school is not in the best interests of the child, assurances by the State agency and the 

local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the school. 

(2) The term ‘‘parents’’ means biological or adoptive parents 

or legal guardians, as determined by applicable State law. 

(3) The term ‘‘adoption assistance agreement’’ means a written agreement, binding on the parties to the agreement, between the State agency, other relevant agencies, and the prospective adoptive parents of a minor child which at a minimum 

(A) specifies the nature and amount of any payments, services, 

and assistance to be provided under such agreement, and (B) 

stipulates that the agreement shall remain in effect regardless 

of the State of which the adoptive parents are residents at any 

given time. The agreement shall contain provisions for the protection (under an interstate compact approved by the Secretary 


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or otherwise) of the interests of the child in cases where the 

adoptive parents and child move to another State while the 

agreement is effective. 

(4)(A) The term ‘‘foster care maintenance payments’’ means 

payments to cover the cost of (and the cost of providing) food, 

clothing, shelter, daily supervision, school supplies, a child’s 

personal incidentals, liability insurance with respect to a child, 

reasonable travel to the child’s home for visitation, and reasonable travel for the child to remain in the school in which the 

child is enrolled at the time of placement. In the case of institutional care, such term shall include the reasonable costs of 

administration and operation of such institution as are necessarily required to provide the items described in the preceding sentence. 

(B) In cases where— 

(i) a child placed in a foster family home or childcare institution is the parent of a son or daughter who 

is in the same home or institution, and 

(ii) payments described in subparagraph (A) are 

being made under this part with respect to such child, 

the foster care maintenance payments made with respect 

to such child as otherwise determined under subparagraph 

(A) shall also include such amounts as may be necessary 

to cover the cost of the items described in that subparagraph with respect to such son or daughter. 

(5) The term ‘‘case review system’’ means a procedure for assuring that— 

(A) each child has a case plan designed to achieve placement in a safe setting that is the least restrictive (most 

family like) and most appropriate setting available and in 

close proximity to the parents’ home, consistent with the 

best interest and special needs of the child, which— 

(i) if the child has been placed in a foster family 

home or child-care institution a substantial distance 

from the home of the parents of the child, or in a State 

different from the State in which such home is located, 

sets forth the reasons why such placement is in the 

best interests of the child, and 

(ii) if the child has been placed in foster care outside 

the State in which the home of the parents of the child 

is located, requires that, periodically, but not less frequently than every 6 months, a caseworker on the 

staff of the State agency of the State in which the 

home of the parents of the child is located, of the State 

in which the child has been placed, or of a private 

agency under contract with either such State, visit 

such child in such home or institution and submit a 

report on such visit to the State in which the home of 

the parents of the child is located, 

(B) the status of each child is reviewed periodically but 

no less frequently than once every six months by either a 

court or by administrative review (as defined in paragraph 

(6)) in order to determine the safety of the child, the continuing necessity for and appropriateness of the placement, 

the extent of compliance with the case plan, and the extent 


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of progress which has been made toward alleviating or 

mitigating the causes necessitating placement in foster 

care, and to project a likely date by which the child may 

be returned to and safely maintained in the home or 

placed for adoption or legal guardianship, and, for a child 

for whom another planned permanent living arrangement 

has been determined as the permanency plan, the steps 

the State agency is taking to ensure the child’s foster family home or child care institution is following the reasonable and prudent parent standard and to ascertain whether the child has regular, ongoing opportunities to engage 

in age or developmentally appropriate activities (including 

by consulting with the child in an age-appropriate manner 

about the opportunities of the child to participate in the 

activities); 

(C) with respect to each such child, (i) procedural safeguards will be applied, among other things, to assure each 

child in foster care under the supervision of the State of 

a permanency hearing to be held, in a family or juvenile 

court or another court (including a tribal court) of competent jurisdiction, or by an administrative body appointed 

or approved by the court, no later than 12 months after 

the date the child is considered to have entered foster care 

(as determined under subparagraph (F)) (and not less frequently than every 12 months thereafter during the continuation of foster care), which hearing shall determine the 

permanency plan for the child that includes whether, and 

if applicable when, the child will be returned to the parent, 

placed for adoption and the State will file a petition for 

termination of parental rights, or referred for legal guardianship, or only in the case of a child who has attained 16 

years of age (in cases where the State agency has documented to the State court a compelling reason for determining, as of the date of the hearing, that it would not be 

in the best interests of the child to return home, be referred for termination of parental rights, or be placed for 

adoption, with a fit and willing relative, or with a legal 

guardian) placed in another planned permanent living arrangement, subject to section 475A(a), 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, 

and, in the case of a child described in subparagraph 

(A)(ii), the hearing shall determine whether the out-ofState placement continues to be appropriate and in the 

best interests of the child, and, in the case of a child who 

has attained age 14, the services needed to assist the child 

to make the transition from foster care to a successful 

adulthood; (ii) procedural safeguards shall be applied with 

respect to parental rights pertaining to the removal of the 

child from the home of his parents, to a change in the 

child’s placement, and to any determination affecting visitation privileges of parents; (iii) procedural safeguards 

shall be applied to assure that in any permanency hearing 

held with respect to the child, including any hearing regarding the transition of the child from foster care to a 


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225 

successful adulthood, the court or administrative body conducting the hearing consults, in an age-appropriate manner, with the child regarding the proposed permanency or 

transition plan for the child; and (iv) if a child has attained 14 years of age, the permanency plan developed for 

the child, and any revision or addition to the plan, shall 

be developed in consultation with the child and, at the option of the child, with not more than 2 members of the permanency planning team who are selected by the child and 

who are not a foster parent of, or caseworker for, the child, 

except that the State may reject an individual so selected 

by the child if the State has good cause to believe that the 

individual would not act in the best interests of the child, 

and 1 individual so selected by the child may be designated to be the child’s advisor and, as necessary, advocate, with respect to the application of the reasonable and 

prudent standard to the child; 

(D) a child’s health and education record (as described in 

paragraph (1)(A)) is reviewed and updated, and a copy of 

the record is supplied to the foster parent or foster care 

provider with whom the child is placed, at the time of each 

placement of the child in foster care, 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; 

(E) in the case of a child who has been in foster care 

under the responsibility of the State for 15 of the most recent 22 months, or, if a court of competent jurisdiction has 

determined a child to be an abandoned infant (as defined 

under State law) or has made a determination that the 

parent has committed murder of another child of the parent, committed voluntary manslaughter of another child of 

the parent, aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter, or committed a felony assault that has resulted 

in serious bodily injury to the child or to another child of 

the parent, the State shall file a petition to terminate the 

parental rights of the child’s parents (or, if such a petition 

has been filed by another party, seek to be joined as a 

party to the petition), and, concurrently, to identify, recruit, process, and approve a qualified family for an adoption, unless— 

(i) at the option of the State, the child is being cared 

for by a relative; 

(ii) a State agency has documented in the case plan 

(which shall be available for court review) a compelling reason for determining that filing such a petition 

would not be in the best interests of the child; or 

(iii) the State has not provided to the family of the 

child, consistent with the time period in the State case 

plan, such services as the State deems necessary for 

the safe return of the child to the child’s home, if reasonable efforts of the type described in section 

471(a)(15)(B)(ii) are required to be made with respect 

to the child; 


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(F) a child shall be considered to have entered foster 

care on the earlier of— 

(i) the date of the first judicial finding that the child 

has been subjected to child abuse or neglect; or 

(ii) the date that is 60 days after the date on which 

the child is removed from the home; 

(G) the foster parents (if any) of a child and any 

preadoptive parent or relative providing care for the child 

are provided with notice of, and a right to be heard in, any 

proceeding to be held with respect to the child, except that 

this subparagraph shall not be construed to require that 

any foster parent, preadoptive parent, or relative providing 

care for the child be made a party to such a proceeding 

solely on the basis of such notice and right to be heard; 

(H) during the 90-day period immediately prior to the 

date on which the child will attain 18 years of age, or such 

greater age as the State may elect under paragraph 

(8)(B)(iii), whether during that period foster care maintenance payments are being made on the child’s behalf or 

the child is receiving benefits or services under section 

477, a caseworker on the staff of the State agency, and, as 

appropriate, other representatives of the child provide the 

child with assistance and support in developing a transition plan that is personalized at the direction of the child, 

includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment 

services, includes information about the importance of designating another individual to make health care treatment 

decisions on behalf of the child if the child becomes unable 

to participate in such decisions and the child does not 

have, or does not want, a relative who would otherwise be 

authorized under State law to make such decisions, and 

provides the child with the option to execute a health care 

power of attorney, health care proxy, or other similar document recognized under State law, and is as detailed as the 

child may elect; and 

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

the State who has attained 14 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, 

receives assistance (including, when feasible, from any 

court-appointed advocate for the child) in interpreting and 

resolving any inaccuracies in the report, and, if the child 

is leaving foster care by reason of having attained 18 years 

of age or such greater age as the State has elected under 

paragraph (8), unless the child has been in foster care for 

less than 6 months, is not discharged from care without 

being provided with (if the child is eligible to receive such 

document) an official or certified copy of the United States 

birth certificate of the child, a social security card issued 

by the Commissioner of Social Security, health insurance 

information, a copy of the child’s medical records, and a 

driver’s license or identification card issued by a State in 


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accordance with the requirements of section 202 of the 

REAL ID Act of 2005, and any official documentation necessary to prove that the child was previously in foster care. (6) The term ‘‘administrative review’’ means a review open to 

the participation of the parents of the child, conducted by a 

panel of appropriate persons at least one of whom is not responsible for the case management of, or the delivery of services to, either the child or the parents who are the subject of 

the review. 

(7) The term ‘‘legal guardianship’’ means a judicially created 

relationship between child and caretaker which is intended to 

be permanent and self-sustaining as evidenced by the transfer 

to the caretaker of the following parental rights with respect 

to the child: protection, education, care and control of the person, custody of the person, and decisionmaking. The term 

‘‘legal guardian’’ means the caretaker in such a relationship. 

(8)(A) Subject to subparagraph (B), the term ‘‘child’’ means 

an individual who has not attained 18 years of age. 

(B) At the option of a State, the term shall include an individual— 

(i)(I) who is in foster care under the responsibility of the 

State; 

(II) with respect to whom an adoption assistance agreement is in effect under section 473 if the child had attained 16 years of age before the agreement became effective; or 

(III) with respect to whom a kinship guardianship assistance agreement is in effect under section 473(d) if the 

child had attained 16 years of age before the agreement 

became effective; 

(ii) who has attained 18 years of age; 

(iii) who has not attained 19, 20, or 21 years of age, as 

the State may elect; and 

(iv) who is— 

(I) completing secondary education or a program 

leading to an equivalent credential; 

(II) enrolled in an institution which provides postsecondary or vocational education; 

(III) participating in a program or activity designed 

to promote, or remove barriers to, employment; 

(IV) employed for at least 80 hours per month; or 

(V) incapable of doing any of the activities described 

in subclauses (I) through (IV) due to a medical condition, which incapability is supported by regularly updated information in the case plan of the child. 

(9) The term ‘‘sex trafficking victim’’ means a victim of— 

(A) sex trafficking (as defined in section 103(10) of the 

Trafficking Victims Protection Act of 2000); or 

(B) a severe form of trafficking in persons described in 

section 103(9)(A) of such Act. 

(10)(A) The term ‘‘reasonable and prudent parent standard’’ 

means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver 


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shall use when determining whether to allow a child in foster 

care under the responsibility of the State to participate in extracurricular, enrichment, cultural, and social activities. 

(B) For purposes of subparagraph (A), the term ‘‘caregiver’’ 

means a foster parent with whom a child in foster care has 

been placed or a designated official for a child care institution 

in which a child in foster care has been placed. 

(11)(A) The term ‘‘age or developmentally-appropriate’’ 

means— 

(i) activities or items that are generally accepted as suitable for children of the same chronological age or level of 

maturity or that are determined to be developmentally-appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that 

are typical for an age or age group; and 

(ii) in the case of a specific child, activities or items that 

are suitable for the child based on the developmental 

stages attained by the child with respect to the cognitive, 

emotional, physical, and behavioral capacities of the child. 

(B) In the event that any age-related activities have implications relative to the academic curriculum of a child, nothing in 

this part or part B shall be construed to authorize an officer 

or employee of the Federal Government to mandate, direct, or 

control a State or local educational agency, or the specific instructional content, academic achievement standards and assessments, curriculum, or program of instruction of a school. 

(12) The term ‘‘sibling’’ means an individual who satisfies at 

least one of the following conditions with respect to a child: 

(A) The individual is considered by State law to be a sibling of the child. 

(B) The individual would have been considered a sibling 

of the child under State law but for a termination or other 

disruption of parental rights, such as the death of a parent. 

(13) The term ‘‘child who is a candidate for foster care’’ 

means, a child who is identified in a prevention plan under section 471(e)(4)(A) as being at imminent risk of entering foster 

care (without regard to whether the child would be eligible for 

foster care maintenance payments under section 472 or is or 

would be eligible for adoption assistance or kinship guardianship assistance payments under section 473) but who can remain safely in the child’s home or in a kinship placement as 

long as services or programs specified in section 471(e)(1) that 

are necessary to prevent the entry of the child into foster care 

are provided. The term includes a child whose adoption or 

guardianship arrangement is at risk of a disruption or dissolution that would result in a foster care placement. 

SEC. 475A. ADDITIONAL CASE PLAN AND CASE REVIEW SYSTEM REQUIREMENTS. 

(a) REQUIREMENTS FOR ANOTHER PLANNED PERMANENT LIVING

ARRANGEMENT.—In the case of any child for whom another planned 

permanent living arrangement is the permanency plan determined 

for the child under section 475(5)(C), the following requirements 

shall apply for purposes of approving the case plan for the child 

and the case system review procedure for the child: 


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(1) DOCUMENTATION OF INTENSIVE, ONGOING, UNSUCCESSFUL

EFFORTS FOR FAMILY PLACEMENT.—At each permanency hearing held with respect to the child, the State agency documents 

the intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by the State agency to return the child 

home or secure a placement for the child with a fit and willing 

relative (including adult siblings), a legal guardian, or an adoptive parent, including through efforts that utilize search technology (including social media) to find biological family members for the children. 

(2) REDETERMINATION OF APPROPRIATENESS OF PLACEMENT AT

EACH PERMANENCY HEARING.—The State agency shall implement procedures to ensure that, at each permanency hearing 

held with respect to the child, the court or administrative body 

appointed or approved by the court conducting the hearing on 

the permanency plan for the child does the following: 

(A) Ask the child about the desired permanency outcome 

for the child. 

(B) Make a judicial determination explaining why, as of 

the date of the hearing, another planned permanent living 

arrangement is the best permanency plan for the child and 

provide compelling reasons why it continues to not be in 

the best interests of the child to— 

(i) return home; 

(ii) be placed for adoption; 

(iii) be placed with a legal guardian; or 

(iv) be placed with a fit and willing relative. 

(3) DEMONSTRATION OF SUPPORT FOR ENGAGING IN AGE OR

DEVELOPMENTALLY-APPROPRIATE ACTIVITIES AND SOCIAL

EVENTS.—At each permanency hearing held with respect to the 

child, the State agency shall document the steps the State 

agency is taking to ensure that— 

(A) the child’s foster family home or child care institution is following the reasonable and prudent parent standard; and 

(B) the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities (including by consulting with the child in an age-appropriate 

manner about the opportunities of the child to participate 

in the activities). 

(b) LIST OF RIGHTS.—The case plan for any child in foster care 

under the responsibility of the State who has attained 14 years of 

age shall include— 

(1) a document that describes the rights of the child with respect to education, health, visitation, and court participation, 

the right to be provided with the documents specified in section 

475(5)(I) in accordance with that section, and the right to stay 

safe and avoid exploitation; and 

(2) a signed acknowledgment by the child that the child has 

been provided with a copy of the document and that the rights 

contained in the document have been explained to the child in 

an age-appropriate way. 

(c) ASSESSMENT, DOCUMENTATION, AND JUDICIAL DETERMINATION

REQUIREMENTS FOR PLACEMENT IN A QUALIFIED RESIDENTIAL

TREATMENT PROGRAM.—In the case of any child who is placed in 


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a qualified residential treatment program (as defined in section 

472(k)(4)), the following requirements shall apply for purposes of 

approving the case plan for the child and the case system review 

procedure for the child: 

(1)(A) Within 30 days of the start of each placement in such 

a setting, a qualified individual (as defined in subparagraph 

(D)) shall— 

(i) assess the strengths and needs of the child using an 

age-appropriate, evidence-based, validated, functional assessment tool approved by the Secretary; 

(ii) determine whether the needs of the child can be met 

with family members or through placement in a foster family home or, if not, which setting from among the settings 

specified in section 472(k)(2) would provide the most effective and appropriate level of care for the child in the least 

restrictive environment and be consistent with the shortand long-term goals for the child, as specified in the permanency plan for the child; and 

(iii) develop a list of child-specific short- and long-term 

mental and behavioral health goals. 

(B)(i) The State shall assemble a family and permanency 

team for the child in accordance with the requirements of 

clauses (ii) and (iii). The qualified individual conducting the 

assessment required under subparagraph (A) shall work in conjunction with the family of, and permanency team for, the child 

while conducting and making the assessment. 

(ii) The family and permanency team shall consist of all appropriate biological family members, relative, and fictive kin of 

the child, as well as, as appropriate, professionals who are a resource to the family of the child, such as teachers, medical or 

mental health providers who have treated the child, or clergy. 

In the case of a child who has attained age 14, the family and 

permanency team shall include the members of the permanency 

planning team for the child that are selected by the child in accordance with section 475(5)(C)(iv). 

(iii) The State shall document in the child’s case plan— 

(I) the reasonable and good faith effort of the State to 

identify and include all such individuals on the family of, 

and permanency team for, the child; 

(II) all contact information for members of the family 

and permanency team, as well as contact information for 

other family members and fictive kin who are not part of 

the family and permanency team; 

(III) evidence that meetings of the family and permanency team, including meetings relating to the assessment 

required under subparagraph (A), are held at a time and 

place convenient for family; 

(IV) if reunification is the goal, evidence demonstrating 

that the parent from whom the child was removed provided 

input on the members of the family and permanency team; 

(V) evidence that the assessment required under subparagraph (A) is determined in conjunction with the family and 

permanency team; and 

(VI) the placement preferences of the family and permanency team relative to the assessment and, if the placement 


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preferences of the family and permanency team and child 

are not the placement setting recommended by the qualified 

individual conducting the assessment under subparagraph 

(A), the reasons why the preferences of the team and of the 

child were not recommended. 

(C) In the case of a child who the qualified individual conducting the assessment under subparagraph (A) determines 

should not be placed in a foster family home, the qualified individual shall specify in writing the reasons why the needs of the 

child cannot be met by the family of the child or in a foster 

family home. A shortage or lack of foster family homes shall not 

be an acceptable reason for determining that a needs of the 

child cannot be met in a foster family home. The qualified individual also shall specify in writing why the recommended 

placement in a qualified residential treatment program is the 

setting that will provide the child with the most effective and 

appropriate level of care in the least restrictive environment and 

how that placement is consistent with the short- and long-term 

goals for the child, as specified in the permanency plan for the 

child. 

(D)(i) Subject to clause (ii), in this subsection, the term 

‘‘qualified individual’’ means a trained professional or licensed 

clinician who is not an employee of the State agency and who 

is not connected to, or affiliated with, any placement setting in 

which children are placed by the State. 

(ii) The Secretary may approve a request of a State to waive 

any requirement in clause (i) upon a submission by the State, 

in accordance with criteria established by the Secretary, that 

certifies that the trained professionals or licensed clinicians 

with responsibility for performing the assessments described in 

subparagraph (A) shall maintain objectivity with respect to determining the most effective and appropriate placement for a 

child. 

(2) Within 60 days of the start of each placement in a qualified residential treatment program, a family or juvenile court or 

another court (including a tribal court) of competent jurisdiction, or an administrative body appointed or approved by the 

court, independently, shall— 

(A) consider the assessment, determination, and documentation made by the qualified individual conducting the 

assessment under paragraph (1); 

(B) determine whether the needs of the child can be met 

through placement in a foster family home or, if not, 

whether placement of the child in a qualified residential 

treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment and whether that placement is consistent with the 

short- and long-term goals for the child, as specified in the 

permanency plan for the child; and 

(C) approve or disapprove the placement. 

(3) The written documentation made under paragraph (1)(C) 

and documentation of the determination and approval or disapproval of the placement in a qualified residential treatment 

program by a court or administrative body under paragraph (2) 


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232 

shall be included in and made part of the case plan for the 

child. 

(4) As long as a child remains placed in a qualified residential treatment program, the State agency shall submit evidence 

at each status review and each permanency hearing held with 

respect to the child— 

(A) demonstrating that ongoing assessment of the 

strengths and needs of the child continues to support the 

determination that the needs of the child cannot be met 

through placement in a foster family home, that the placement in a qualified residential treatment program provides 

the most effective and appropriate level of care for the child 

in the least restrictive environment, and that the placement 

is consistent with the short- and long-term goals for the 

child, as specified in the permanency plan for the child; 

(B) documenting the specific treatment or service needs 

that will be met for the child in the placement and the 

length of time the child is expected to need the treatment 

or services; and 

(C) documenting the efforts made by the State agency to 

prepare the child to return home or to be placed with a fit 

and willing relative, a legal guardian, or an adoptive parent, or in a foster family home. 

(5) In the case of any child who is placed in a qualified residential treatment program for more than 12 consecutive months 

or 18 nonconsecutive months (or, in the case of a child who has 

not attained age 13, for more than 6 consecutive or nonconsecutive months), the State agency shall submit to the Secretary— 

(A) the most recent versions of the evidence and documentation specified in paragraph (4); and 

(B) the signed approval of the head of the State agency 

for the continued placement of the child in that setting. 

TECHNICAL ASSISTANCE;DATA COLLECTION AND EVALUATION

SEC. 476. (a) The Secretary may provide technical assistance to 

the States to assist them to develop the programs authorized under 

this part and shall periodically (1) evaluate the programs authorized under this part and part B of this title and (2) collect and publish data pertaining to the incidence and characteristics of foster 

care and adoptions in this country. 

(b) Each State shall submit statistical reports as the Secretary 

may require with respect to children for whom payments are made 

under this part containing information with respect to such children including legal status, demographic characteristics, location, 

and length of any stay in foster care. 

(c) TECHNICAL ASSISTANCE AND IMPLEMENTATION SERVICES FOR

TRIBAL PROGRAMS.— 

(1) AUTHORITY.—The Secretary shall provide technical assistance and implementation services that are dedicated to improving services and permanency outcomes for Indian children 

and their families through the provision of assistance described 

in paragraph (2). 

(2) ASSISTANCE PROVIDED.— 

(A) IN GENERAL.—The technical assistance and implementation services shall be to— 


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(i) provide information, advice, educational materials, and technical assistance to Indian tribes and 

tribal organizations with respect to the types of services, administrative functions, data collection, program 

management, and reporting that are required under 

State plans under part B and this part; 

(ii) assist and provide technical assistance to— 

(I) Indian tribes, tribal organizations, and tribal 

consortia seeking to operate a program under part 

B or under this part through direct application to 

the Secretary under section 479B; and 

(II) Indian tribes, tribal organizations, tribal 

consortia, and States seeking to develop cooperative agreements to provide for payments under 

this part or satisfy the requirements of section 

422(b)(9), 471(a)(32), or 477(b)(3)(G); and 

(iii) subject to subparagraph (B), make one-time 

grants, to tribes, tribal organizations, or tribal consortia that are seeking to develop, and intend, not 

later than 24 months after receiving such a grant to 

submit to the Secretary a plan under section 471 to 

implement a program under this part as authorized by 

section 479B, that shall— 

(I) not exceed $300,000; and 

(II) be used for the cost of developing a plan 

under section 471 to carry out a program under 

section 479B, including costs related to development of necessary data collection systems, a cost 

allocation plan, agency and tribal court procedures 

necessary to meet the case review system requirements under section 475(5), or any other costs attributable to meeting any other requirement necessary for approval of such a plan under this part. 

(B) GRANT CONDITION.— 

(i) IN GENERAL.—As a condition of being paid a 

grant under subparagraph (A)(iii), a tribe, tribal organization, or tribal consortium shall agree to repay the 

total amount of the grant awarded if the tribe, tribal 

organization, or tribal consortium fails to submit to 

the Secretary a plan under section 471 to carry out a 

program under section 479B by the end of the 24- 

month period described in that subparagraph. 

(ii) EXCEPTION.—The Secretary shall waive the requirement to repay a grant imposed by clause (i) if the 

Secretary determines that a tribe’s, tribal organization’s, or tribal consortium’s failure to submit a plan 

within such period was the result of circumstances beyond the control of the tribe, tribal organization, or 

tribal consortium. 

(C) IMPLEMENTATION AUTHORITY.—The Secretary may 

provide the technical assistance and implementation services described in subparagraph (A) either directly or 

through a grant or contract with public or private organizations knowledgeable and experienced in the field of Indian tribal affairs and child welfare. 


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(3) APPROPRIATION.—There is appropriated to the Secretary, 

out of any money in the Treasury of the United States not otherwise appropriated, $3,000,000 for fiscal year 2009 and each 

fiscal year thereafter to carry out this subsection. 

(d) TECHNICAL ASSISTANCE AND BEST PRACTICES, CLEARING- HOUSE, DATA COLLECTION, AND EVALUATIONS RELATING TO PRE- VENTION SERVICES AND PROGRAMS.— (1) TECHNICAL ASSISTANCE AND BEST PRACTICES.—The Secretary shall provide to States and, as applicable, to Indian 

tribes, tribal organizations, and tribal consortia, technical assistance regarding the provision of services and programs described in section 471(e)(1) and shall disseminate best practices 

with respect to the provision of the services and programs, including how to plan and implement a well-designed and rigorous evaluation of a promising, supported, or well-supported 

practice. 

(2) CLEARINGHOUSE OF PROMISING, SUPPORTED, AND WELL- SUPPORTED PRACTICES.—The Secretary shall, directly or 

through grants, contracts, or interagency agreements, evaluate 

research on the practices specified in clauses (iii), (iv), and (v), 

respectively, of section 471(e)(4)(C), and programs that meet the 

requirements described in section 427(a)(1), including culturally 

specific, or location- or population-based adaptations of the 

practices, to identify and establish a public clearinghouse of the 

practices that satisfy each category described by such clauses. 

In addition, the clearinghouse shall include information on the 

specific outcomes associated with each practice, including 

whether the practice has been shown to prevent child abuse and 

neglect and reduce the likelihood of foster care placement by 

supporting birth families and kinship families and improving 

targeted supports for pregnant and parenting youth and their 

children. 

(3) DATA COLLECTION AND EVALUATIONS.—The Secretary, directly or through grants, contracts, or interagency agreements, 

may collect data and conduct evaluations with respect to the 

provision of services and programs described in section 

471(e)(1) for purposes of assessing the extent to which the provision of the services and programs— 

(A) reduces the likelihood of foster care placement; 

(B) increases use of kinship care arrangements; or 

(C) improves child well-being. 

(4) REPORTS TO CONGRESS.— 

(A) IN GENERAL.—The Secretary shall submit to the Committee on Finance of the Senate and the Committee on 

Ways and Means of the House of Representatives periodic 

reports based on the provision of services and programs described in section 471(e)(1) and the activities carried out 

under this subsection. 

(B) PUBLIC AVAILABILITY.—The Secretary shall make the 

reports to Congress submitted under this paragraph publicly available. 

(5) APPROPRIATION.—Out of any money in the Treasury of the 

United States not otherwise appropriated, there is appropriated 

to the Secretary $1,000,000 for fiscal year 2016 and each fiscal 

year thereafter to carry out this subsection. 


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(e) EVALUATION OF STATE PROCEDURES AND PROTOCOLS TO PRE- VENT INAPPROPRIATE DIAGNOSES OF MENTAL ILLNESS OR OTHER

CONDITIONS.—The Secretary shall conduct an evaluation of the procedures and protocols established by States in accordance with the 

requirements of section 422(b)(15)(A)(vii). The evaluation shall analyze the extent to which States comply with and enforce the procedures and protocols and the effectiveness of various State procedures and protocols and shall identify best practices. Not later than 

January 1, 2019, the Secretary shall submit a report on the results 

of the evaluation to Congress. 

SEC. 477. JOHN H. CHAFEE FOSTER CARE øINDEPENDENCE PROGRAM¿ PROGRAM FOR SUCCESSFUL TRANSITION TO 

ADULTHOOD. 

(a) PURPOSE.—The purpose of this section is to provide States 

with flexible funding that will enable programs to be designed and 

conducted— 

(1) to øidentify children who are likely to remain in foster 

care until 18 years of age and to help these children make the 

transition to self-sufficiency by providing services¿ support all 

youth who have experienced foster care at age 14 or older in 

their transition to adulthood through transitional services such 

as assistance in obtaining a high school diploma and post-secondary education, career exploration, vocational training, job 

placement and retention, øtraining in daily living skills, training in budgeting and financial management skills¿ training 

and opportunities to practice daily living skills (such as financial literacy training and driving instruction), substance abuse 

prevention, and preventive health activities (including smoking 

avoidance, nutrition education, and pregnancy prevention); 

(2) to help children øwho are likely to remain in foster care 

until 18 years of age receive the education, training, and services necessary to obtain employment¿ who have experienced 

foster care at age 14 or older achieve meaningful, permanent 

connections with a caring adult; 

(3) to help children øwho are likely to remain in foster care 

until 18 years of age prepare for and enter postsecondary 

training and education institutions¿ who have experienced foster care at age 14 or older engage in age or developmentally appropriate activities, positive youth development, and experiential learning that reflects what their peers in intact families experience; 

ø(4) to provide personal and emotional support to children 

aging out of foster care, through mentors and the promotion of 

interactions with dedicated adults;¿ 

ø(5)¿ (4) to provide financial, housing, counseling, employment, education, and other appropriate support and services to 

former foster care recipients between 18 and 21 years of age 

(or 23 years of age, in the case of a State with a certification 

under subsection (b)(3)(A)(ii) to provide assistance and services 

to youths who have aged out of foster care and have not attained such age, in accordance with such subsection) to complement their own efforts to achieve self-sufficiency and to assure that program participants recognize and accept their personal responsibility for preparing for and then making the 

transition from adolescence to adulthood; 


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ø(6)¿ (5) to make available vouchers for education and training, including postsecondary training and education, to youths 

who have aged out of foster care; 

ø(7)¿ (6) to provide the services referred to in this subsection 

to children who, after attaining 16 years of age, have left foster 

care for kinship guardianship or adoption; and 

ø(8)¿ (7) to ensure children who are likely to remain in foster 

care until 18 years of age have regular, ongoing opportunities 

to engage in age or developmentally-appropriate activities as 

defined in section 475(11). 

(b) APPLICATIONS.— 

(1) IN GENERAL.—A State may apply for funds from its allotment under subsection (c) for a period of five consecutive fiscal 

years by submitting to the Secretary, in writing, a plan that 

meets the requirements of paragraph (2) and the certifications 

required by paragraph (3) with respect to the plan. 

(2) STATE PLAN.—A plan meets the requirements of this 

paragraph if the plan specifies which State agency or agencies 

will administer, supervise, or oversee the programs carried out 

under the plan, and describes how the State intends to do the 

following: 

(A) Design and deliver programs to achieve the purposes 

of this section. 

(B) Ensure that all political subdivisions in the State are 

served by the program, though not necessarily in a uniform manner. 

(C) Ensure that the programs serve children of various 

ages and at various stages of achieving independence. 

(D) Involve the public and private sectors in helping 

øadolescents¿ youth in foster care achieve independence. 

(E) Use objective criteria for determining eligibility for 

benefits and services under the programs, and for ensuring 

fair and equitable treatment of benefit recipients. 

(F) Cooperate in national evaluations of the effects of the 

programs in achieving the purposes of this section. 

(3) CERTIFICATIONS.—The certifications required by this 

paragraph with respect to a plan are the following: 

(A) (i) A certification by the chief executive officer of the 

State that the State will provide assistance and services to 

øchildren who have left foster care because they have attained 18 years of age, and who have not attained 21 years 

of age.¿ youths who have aged out of foster care and have 

not attained 21 years of age. 

(ii) If the State has elected under section 475(8)(B) to extend eligibility for foster care to all children who have not 

attained 21 years of age, or if the Secretary determines that 

the State agency responsible for administering the State 

plans under this part and part B uses State funds or any 

other funds not provided under this part to provide services 

and assistance for youths who have aged out of foster care 

that are comparable to the services and assistance the 

youths would receive if the State had made such an election, the certification required under clause (i) may provide 

that the State will provide assistance and services to youths 


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237 

who have aged out of foster care and have not attained 23 

years of age. 

(B) A certification by the chief executive officer of the 

State that not more than 30 percent of the amounts paid 

to the State from its allotment under subsection (c) for a 

fiscal year will be expended for room or board for øchildren 

who have left foster care because they have attained 18 

years of age, and who have not attained 21 years of age.¿ 

youths who have aged out of foster care and have not attained 21 years of age (or 23 years of age, in the case of a 

State with a certification under subparagraph (A)(i) to provide assistance and services to youths who have aged out 

of foster care and have not attained such age, in accordance 

with subparagraph (A)(ii)). 

(C) A certification by the chief executive officer of the 

State that none of the amounts paid to the State from its 

allotment under subsection (c) will be expended for room 

or board for any child who has not attained 18 years of 

age. 

(D) A certification by the chief executive officer of the 

State that the State will use training funds provided under 

the program of Federal payments for foster care and adoption assistance to provide training including training on 

youth development to help foster parents, adoptive parents, 

workers in group homes, and case managers understand 

and address the issues confronting øadolescents preparing 

for independent living, and will, to the extent possible, coordinate such training with the independent living program conducted for adolescents.¿ youth preparing for a 

successful transition to adulthood and making a permanent 

connection with a caring adult. 

(E) A certification by the chief executive officer of the 

State that the State has consulted widely with public and 

private organizations in developing the plan and that the 

State has given all interested members of the public at 

least 30 days to submit comments on the plan. 

(F) A certification by the chief executive officer of the 

State that the State will make every effort to coordinate 

the State programs receiving funds provided from an allotment made to the State under subsection (c) with other 

Federal and State programs for youth (especially transitional living youth projects funded under part B of title III 

of the Juvenile Justice and Delinquency Prevention Act of 

1974), abstinence education programs, local housing programs, programs for disabled youth (especially sheltered 

workshops), and school-to-work programs offered by high 

schools or local workforce agencies. 

(G) A certification by the chief executive officer of the 

State that each Indian tribe in the State has been consulted about the programs to be carried out under the 

plan; that there have been efforts to coordinate the programs with such tribes; that benefits and services under 

the programs will be made available to Indian children in 

the State on the same basis as to other children in the 

State; and that the State will negotiate in good faith with 


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238 

any Indian tribe, tribal organization, or tribal consortium 

in the State that does not receive an allotment under subsection (j)(4) for a fiscal year and that requests to develop 

an agreement with the State to administer, supervise, or 

oversee the programs to be carried out under the plan with 

respect to the Indian children who are eligible for such 

programs and who are under the authority of the tribe, organization, or consortium and to receive from the State an 

appropriate portion of the State allotment under subsection (c) for the cost of such administration, supervision, 

or oversight. 

(H) A certification by the chief executive officer of the 

State that the State will ensure that øadolescents¿ youth 

participating in the program under this section participate 

directly in designing their own program activities that prepare them for independent living and that the øadolescents¿ youth accept personal responsibility for living up to 

their part of the program. 

(I) A certification by the chief executive officer of the 

State that the State has established and will enforce 

standards and procedures to prevent fraud and abuse in 

the programs carried out under the plan. 

(J) A certification by the chief executive officer of the 

State that the State educational and training voucher program under this section is in compliance with the conditions specified in subsection (i), including a statement describing methods the State will use— 

(i) to ensure that the total amount of educational assistance to a youth under this section and under other 

Federal and Federally supported programs does not 

exceed the limitation specified in subsection (i)(5); and 

(ii) to avoid duplication of benefits under this and 

any other Federal or Federally assisted benefit program. 

(K) A certification by the chief executive officer of the 

State that the State will ensure that øan adolescent¿ a 

youth participating in the program under this section are 

provided with education about the importance of designating another individual to make health care treatment 

decisions on behalf of øthe adolescent¿ the youth if øthe 

adolescent¿ the youth becomes unable to participate in 

such decisions and øthe adolescent¿ the youth does not 

have, or does not want, a relative who would otherwise be 

authorized under State law to make such decisions, whether a health care power of attorney, health care proxy, or 

other similar document is recognized under State law, and 

how to execute such a document if øthe adolescent¿ the 

youth wants to do so. 

(4) APPROVAL.—The Secretary shall approve an application 

submitted by a State pursuant to paragraph (1) for a period 

if— 

(A) the application is submitted on or before June 30 of 

the calendar year in which such period begins; and 

(B) the Secretary finds that the application contains the 

material required by paragraph (1). 


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239 

(5) AUTHORITY TO IMPLEMENT CERTAIN AMENDMENTS; NOTIFICATION.—A State with an application approved under paragraph (4) may implement any amendment to the plan contained in the application if the application, incorporating the 

amendment, would be approvable under paragraph (4). Within 

30 days after a State implements any such amendment, the 

State shall notify the Secretary of the amendment. 

(6) AVAILABILITY.—The State shall make available to the 

public any application submitted by the State pursuant to 

paragraph (1), and a brief summary of the plan contained in 

the application. 

(c) ALLOTMENTS TO STATES.— 

(1) GENERAL PROGRAM ALLOTMENT.—From the amount specified in subsection (h)(1) that remains after applying subsection 

(g)(2) for a fiscal year, the Secretary shall allot to each State 

with an application approved under subsection (b) for the fiscal 

year the amount which bears the ratio to such remaining 

amount equal to the State foster care ratio, as adjusted in accordance with paragraph (2). 

(2) HOLD HARMLESS PROVISION.— 

(A) IN GENERAL.—The Secretary shall allot to each State 

whose allotment for a fiscal year under paragraph (1) is 

less than the greater of $500,000 or the amount payable 

to the State under this section for fiscal year 1998, an additional amount equal to the difference between such allotment and such greater amount. 

(B) RATABLE REDUCTION OF CERTAIN ALLOTMENTS.—In 

the case of a State not described in subparagraph (A) of 

this paragraph for a fiscal year, the Secretary shall reduce 

the amount allotted to the State for the fiscal year under 

paragraph (1) by the amount that bears the same ratio to 

the sum of the differences determined under subparagraph 

(A) of this paragraph for the fiscal year as the excess of 

the amount so allotted over the greater of $500,000 or the 

amount payable to the State under this section for fiscal 

year 1998 bears to the sum of such excess amounts determined for all such States. 

(3) VOUCHER PROGRAM ALLOTMENT.—From the amount, if 

any, appropriated pursuant to subsection (h)(2) for a fiscal 

year, the Secretary may allot to each State with an application 

approved under subsection (b) for the fiscal year an amount 

equal to the State foster care ratio multiplied by the amount 

so specified. 

(4) STATE FOSTER CARE RATIO.—In this subsection, the term 

‘‘State foster care ratio’’ means the ratio of the number of children in foster care under a program of the State in the most 

recent fiscal year for which the information is available to the 

total number of children in foster care in all States for the 

most recent fiscal year. 

(d) USE OF FUNDS.— 

(1) IN GENERAL.—A State to which an amount is paid from 

its allotment under subsection (c) may use the amount in any 

manner that is reasonably calculated to accomplish the purposes of this section. 


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(2) NO SUPPLANTATION OF OTHER FUNDS AVAILABLE FOR SAME

GENERAL PURPOSES.—The amounts paid to a State from its allotment under subsection (c) shall be used to supplement and 

not supplant any other funds which are available for the same 

general purposes in the State. 

(3) TWO-YEAR AVAILABILITY OF FUNDS.—Payments made to a 

State under this section for a fiscal year shall be expended by 

the State in the fiscal year or in the succeeding fiscal year. 

(4) REALLOCATION OF UNUSED FUNDS.—If a State does not 

apply for funds under this section for a fiscal year within such 

time as may be provided by the Secretary or does not expend 

allocated funds within the time period specified under section 

477(d)(3), the funds to which the State would be entitled for 

the fiscal year shall be reallocated to 1 or more other States 

on the basis of their relative need for additional payments 

under this section, as determined by the Secretary. 

(5) REDISTRIBUTION OF UNEXPENDED AMOUNTS.— 

(A) AVAILABILITY OF AMOUNTS.—To the extent that 

amounts paid to States under this section in a fiscal year 

remain unexpended by the States at the end of the succeeding fiscal year, the Secretary may make the amounts 

available for redistribution in the 2nd succeeding fiscal 

year among the States that apply for additional funds 

under this section for that 2nd succeeding fiscal year. 

(B) REDISTRIBUTION.— (i) IN GENERAL.—The Secretary shall redistribute the 

amounts made available under subparagraph (A) for a 

fiscal year among eligible applicant States. In this subparagraph, the term ‘‘eligible applicant State’’ means a 

State that has applied for additional funds for the fiscal year under subparagraph (A) if the Secretary determines that the State will use the funds for the purpose 

for which originally allotted under this section. 

(ii) AMOUNT TO BE REDISTRIBUTED.—The amount to 

be redistributed to each eligible applicant State shall 

be the amount so made available multiplied by the 

State foster care ratio, (as defined in subsection (c)(4), 

except that, in such subsection, ‘‘all eligible applicant 

States (as defined in subsection (d)(5)(B)(i))’’ shall be 

substituted for ‘‘all States’’). 

(iii) TREATMENT OF REDISTRIBUTED AMOUNT.—Any 

amount made available to a State under this paragraph shall be regarded as part of the allotment of the 

State under this section for the fiscal year in which the 

redistribution is made. 

(C) TRIBES.—For purposes of this paragraph, the term 

‘‘State’’ includes an Indian tribe, tribal organization, or 

tribal consortium that receives an allotment under this section. 

(e) PENALTIES.— (1) USE OF GRANT IN VIOLATION OF THIS PART.—If the Secretary is made aware, by an audit conducted under chapter 75 

of title 31, United States Code, or by any other means, that a 

program receiving funds from an allotment made to a State 

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consistent with, or not disclosed in the State application approved under subsection (b), the Secretary shall assess a penalty against the State in an amount equal to not less than 1 

percent and not more than 5 percent of the amount of the allotment. 

(2) FAILURE TO COMPLY WITH DATA REPORTING REQUIRE- MENT.—The Secretary shall assess a penalty against a State 

that fails during a fiscal year to comply with an information 

collection plan implemented under subsection (f) in an amount 

equal to not less than 1 percent and not more than 5 percent 

of the amount allotted to the State for the fiscal year. 

(3) PENALTIES BASED ON DEGREE OF NONCOMPLIANCE.—The 

Secretary shall assess penalties under this subsection based on 

the degree of noncompliance. 

(f) DATA COLLECTION AND PERFORMANCE MEASUREMENT.— 

(1) IN GENERAL.—The Secretary, in consultation with State 

and local public officials responsible for administering independent living and other child welfare programs, child welfare 

advocates, Members of Congress, youth service providers, and 

researchers, shall— 

(A) develop outcome measures (including measures of 

educational attainment, high school diploma, employment, 

avoidance of dependency, homelessness, nonmarital childbirth, incarceration, and high-risk behaviors) that can be 

used to assess the performance of States in operating independent living programs; 

(B) identify data elements needed to track— 

(i) the number and characteristics of children receiving services under this section; 

(ii) the type and quantity of services being provided; 

and 

(iii) State performance on the outcome measures; 

and 

(C) develop and implement a plan to collect the needed 

information beginning with the second fiscal year beginning after the date of the enactment of this section. 

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

date of the enactment of this section, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report detailing the plans and timetable for collecting from the 

States the information described in paragraph (1) and a proposal to impose penalties consistent with paragraph (e)(2) on 

States that do not report data.¿ 

(2) REPORT TO CONGRESS.—Not later than October 1, 2017, 

the Secretary shall submit to the Committee on Ways and 

Means of the House of Representatives and the Committee on 

Finance of the Senate a report on the National Youth in Transition Database and any other databases in which States report 

outcome measures relating to children in foster care and children who have aged out of foster care or left foster care for kinship guardianship or adoption. The report shall include the following: 

(A) A description of the reasons for entry into foster care 

and of the foster care experiences, such as length of stay, 


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number of placement settings, case goal, and discharge reason of 17-year-olds who are surveyed by the National Youth 

in Transition Database and an analysis of the comparison 

of that description with the reasons for entry and foster 

care experiences of children of other ages who exit from foster care before attaining age 17. 

(B) A description of the characteristics of the individuals 

who report poor outcomes at ages 19 and 21 to the National 

Youth in Transition Database. 

(C) Benchmarks for determining what constitutes a poor 

outcome for youth who remain in or have exited from foster 

care and plans the Executive branch will take to incorporate these benchmarks in efforts to evaluate child welfare 

agency performance in providing services to children 

transitioning from foster care. 

(D) An analysis of the association between types of placement, number of overall placements, time spent in foster 

care, and other factors, and outcomes at ages 19 and 21. 

(E) An analysis of the differences in outcomes for children in and formerly in foster care at age 19 and 21 among 

States. 

(g) EVALUATIONS.— (1) IN GENERAL.—The Secretary shall conduct evaluations of 

such State programs funded under this section as the Secretary deems to be innovative or of potential national significance. The evaluation of any such program shall include information on the effects of the program on education, employment, and personal development. To the maximum extent 

practicable, the evaluations shall be based on rigorous scientific standards including random assignment to treatment 

and control groups. The Secretary is encouraged to work directly with State and local governments to design methods for 

conducting the evaluations, directly or by grant, contract, or cooperative agreement. 

(2) FUNDING OF EVALUATIONS.—The Secretary shall reserve 

1.5 percent of the amount specified in subsection (h) for a fiscal 

year to carry out, during the fiscal year, evaluation, technical 

assistance, performance measurement, and data collection activities related to this section, directly or through grants, contracts, or cooperative agreements with appropriate entities. 

(h) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—To 

carry out this section and for payments to States under section 

474(a)(4), there are authorized to be appropriated to the Secretary 

for each fiscal year— 

(1) $140,000,000 or, beginning in fiscal year 2020, 

$143,000,000, which shall be available for all purposes under 

this section; and 

(2) an additional $60,000,000, which are authorized to be 

available for payments to States for education and training 

vouchers for youths who age out of foster care, to assist the 

youths to develop skills necessary to lead independent and productive lives. 

(i) EDUCATIONAL AND TRAINING VOUCHERS.—The following conditions shall apply to a State educational and training voucher program under this section: 


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(1) Vouchers under the program may be available to youths 

otherwise eligible for services under the State program under 

this section who have attained 14 years of age. (2) For purposes of the voucher program, youths who, after 

attaining 16 years of age, are adopted from, or enter kinship 

guardianship from, foster care may be considered to be youths 

otherwise eligible for services under the State program under 

this section. 

(3) The State may allow youths participating in the voucher 

program øon the date they attain 21 years of age to remain eligible until they attain 23¿ to remain eligible until they attain 

26 years of age, as long as they are enrolled in a postsecondary 

education or training program and are making satisfactory 

progress toward completion of that program, but in no event 

may a youth participate in the program for more than 5 years 

(whether or not consecutive). (4) The voucher or vouchers provided for an individual under 

this section— 

(A) may be available for the cost of attendance at an institution of higher education, as defined in section 102 of 

the Higher Education Act of 1965; and (B) shall not exceed the lesser of $5,000 per year or the 

total cost of attendance, as defined in section 472 of that 

Act. 

(5) The amount of a voucher under this section may be disregarded for purposes of determining the recipient’s eligibility 

for, or the amount of, any other Federal or Federally supported 

assistance, except that the total amount of educational assistance to a youth under this section and under other Federal and 

Federally supported programs shall not exceed the total cost of 

attendance, as defined in section 472 of the Higher Education 

Act of 1965, and except that the State agency shall take appropriate steps to prevent duplication of benefits under this and 

other Federal or Federally supported programs. 

(6) The program is coordinated with other appropriate education and training programs. 

(j) AUTHORITY FOR AN INDIAN TRIBE, TRIBAL ORGANIZATION, OR

TRIBAL CONSORTIUM TO RECEIVE AN ALLOTMENT.— (1) IN GENERAL.—An Indian tribe, tribal organization, or 

tribal consortium with a plan approved under section 479B, or 

which is receiving funding to provide foster care under this 

part pursuant to a cooperative agreement or contract with a 

State, may apply for an allotment out of any funds authorized 

by paragraph (1) or (2) (or both) of subsection (h) of this section. 

(2) APPLICATION.—A tribe, organization, or consortium desiring an allotment under paragraph (1) of this subsection shall 

submit an application to the Secretary to directly receive such 

allotment that includes a plan which— 

(A) satisfies such requirements of paragraphs (2) and (3) 

of subsection (b) as the Secretary determines are appropriate; 

(B) contains a description of the tribe’s, organization’s, or 

consortium’s consultation process regarding the programs 

to be carried out under the plan with each State for which 


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a portion of an allotment under subsection (c) would be redirected to the tribe, organization, or consortium; and 

(C) contains an explanation of the results of such consultation, particularly with respect to— 

(i) determining the eligibility for benefits and services of Indian children to be served under the programs to be carried out under the plan; and 

(ii) the process for consulting with the State in order 

to ensure the continuity of benefits and services for 

such children who will transition from receiving benefits and services under programs carried out under a 

State plan under subsection (b)(2) to receiving benefits 

and services under programs carried out under a plan 

under this subsection. 

(3) PAYMENTS.—The Secretary shall pay an Indian tribe, 

tribal organization, or tribal consortium with an application 

and plan approved under this subsection from the allotment 

determined for the tribe, organization, or consortium under 

paragraph (4) of this subsection in the same manner as is provided in section 474(a)(4) (and, where requested, and if funds 

are appropriated, section 474(e)) with respect to a State, or in 

such other manner as is determined appropriate by the Secretary, except that in no case shall an Indian tribe, a tribal organization, or a tribal consortium receive a lesser proportion of 

such funds than a State is authorized to receive under those 

sections. 

(4) ALLOTMENT.—From the amounts allotted to a State 

under subsection (c) of this section for a fiscal year, the Secretary shall allot to each Indian tribe, tribal organization, or 

tribal consortium with an application and plan approved under 

this subsection for that fiscal year an amount equal to the tribal foster care ratio determined under paragraph (5) of this subsection for the tribe, organization, or consortium multiplied by 

the allotment amount of the State within which the tribe, organization, or consortium is located. The allotment determined 

under this paragraph is deemed to be a part of the allotment 

determined under section 477(c) for the State in which the Indian tribe, tribal organization, or tribal consortium is located. 

(5) TRIBAL FOSTER CARE RATIO.—For purposes of paragraph 

(4), the tribal foster care ratio means, with respect to an Indian tribe, tribal organization, or tribal consortium, the ratio 

of— 

(A) the number of children in foster care under the responsibility of the Indian tribe, tribal organization, or tribal consortium (either directly or under supervision of the 

State), in the most recent fiscal year for which the information is available; to 

(B) the sum of— 

(i) the total number of children in foster care under 

the responsibility of the State within which the Indian 

tribe, tribal organization, or tribal consortium is located; and 

(ii) the total number of children in foster care under 

the responsibility of all Indian tribes, tribal organizations, or tribal consortia in the State (either directly or 


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245 

under supervision of the State) that have a plan approved under this subsection. 

* * * * * * * 

SEC. 479A. ANNUAL REPORT. 

(a) IN GENERAL.—The Secretary, in consultation with Governors, 

State legislatures, State and local public officials responsible for 

administering child welfare programs, and child welfare advocates, 

shall— 

(1) develop a set of outcome measures (including length 

ofstay in foster care, number of foster care placements, and 

numberof adoptions) that can be used to assess the 

performanceof States in operating child protection and child 

welfare programspursuant to parts B and E to ensure the safety of children; 

(2) to the maximum extent possible, the outcome 

measuresshould be developed from data available from the 

Adoption andFoster Care Analysis and Reporting System; 

(3) develop a system for rating the performance of Stateswith 

respect to the outcome measures, and provide to theStates an 

explanation of the rating system and how scores aredetermined 

under the rating system; 

(4) prescribe such regulations as may be necessary to 

ensurethat States provide to the Secretary the data necessary 

todetermine State performance with respect to each 

outcomemeasure, as a condition of the State receiving funds 

under thispart; 

(5) on May 1, 1999, and annually thereafter, prepare and 

submit to the Congress a report on the performance of each 

State on each outcome measure, which shall examine the reasons for high performance and low performance and, where 

possible, make recommendations as to how State performance 

could be improved; 

(6) include in the report submitted pursuant to paragraph (5) 

for fiscal year 2007 or any succeeding fiscal year, State-byState data on— 

(A) the percentage of children in foster care under 

theresponsibility of the State who were visited on a 

monthlybasis by the caseworker handling the case of the 

child; 

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

monthly basis to children in foster care under the 

responsibilityof the State during a fiscal year as a 

percentageof the total number of the visits that would 

occur duringthe fiscal year if each child were so visited 

once everymonth while in such care; and 

(C) the percentage of the visits that occurred in the residence of the child; and 

(7) include in the report submitted pursuant to paragraph (5) 

for fiscal year 2016 or any succeeding fiscal year, State-byState data on— 

(A) children in foster care who have been placed in a 

child care institution or other setting that is not a foster 

family home, including— 


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246 

ø(i) the number of children in the placements and 

their ages, including separately, the number and ages 

of children who have a permanency plan of another 

planned permanent living arrangement; 

ø(ii) the duration of the placement in the settings 

(including for children who have a permanency plan of 

another planned permanent living arrangement); 

ø(iii) the types of child care institutions used (including group homes, residential treatment, shelters, 

or other congregate care settings); 

ø(iv) with respect to each child care institution or 

other setting that is not a foster family home, the 

number of children in foster care residing in each such 

institution or non-foster family home; 

ø(v) any clinically diagnosed special need of such 

children; and 

ø(vi) the extent of any specialized education, treatment, counseling, or other services provided in the settings; and¿ 

(i) with respect to each such placement— 

(I) the type of the placement setting, including 

whether the placement is shelter care, a group 

home and if so, the range of the child population 

in the home, a residential treatment facility, a hospital or institution providing medical, rehabilitative, or psychiatric care, a setting specializing in 

providing prenatal, post-partum or parenting supports, or some other kind of child-care institution 

and if so, what kind; 

(II) the number of children in the placement setting and the age, race, ethnicity, and gender of 

each of the children; 

(III) for each child in the placement setting, the 

length of the placement of the child in the setting, 

whether the placement of the child in the setting is 

the first placement of the child and if not, the 

number and type of previous placements of the 

child, and whether the child has special needs or 

another diagnosed mental or physical illness or 

condition; and 

(IV) the extent of any specialized education, 

treatment, counseling, or other services provided in 

the setting; and 

(ii) separately, the number and ages of children in 

the placements who have a permanency plan of another 

planned permanent living arrangement; and 

(B) children in foster care who are pregnant or parenting. 

(b) CONSULTATION ON OTHER ISSUES.—The Secretary shall consult with States and organizations with an interest in child welfare, including organizations that provide adoption and foster care 

services, and shall take into account requests from Members of 

Congress, in selecting other issues to be analyzed and reported on 

under this section using data available to the Secretary, including 

data reported by States through the Adoption and Foster Care 


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Analysis and Reporting System and to the National Youth in Transition Database. 

SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS. 

(a) DEFINITIONS OF INDIAN TRIBE; TRIBAL ORGANIZATIONS.—In 

this section, the terms ‘‘Indian tribe’’ and ‘‘tribal organization’’ have 

the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). 

(b) AUTHORITY.—Except as otherwise provided in this section, 

this part shall apply in the same manner as this part applies to 

a State to an Indian tribe, tribal organization, or tribal consortium 

that elects to operate a program under this part and has a plan approved by the Secretary under section 471 in accordance with this 

section. 

(c) PLAN REQUIREMENTS.— (1) IN GENERAL.—An Indian tribe, tribal organization, or 

tribal consortium that elects to operate a program under this 

part shall include with its plan submitted under section 471 

the following: 

(A) FINANCIAL MANAGEMENT.—Evidence demonstrating 

that the tribe, organization, or consortium has not had any 

uncorrected significant or material audit exceptions under 

Federal grants or contracts that directly relate to the administration of social services for the 3-year period prior to 

the date on which the plan is submitted. 

(B) SERVICE AREAS AND POPULATIONS.—For purposes of 

complying with section 471(a)(3), a description of the service area or areas and populations to be served under the 

plan and an assurance that the plan shall be in effect in 

all service area or areas and for all populations served by 

the tribe, organization, or consortium. 

(C) ELIGIBILITY.— (i) IN GENERAL.—Subject to clause (ii) of this subparagraph, an assurance that the plan will provide— 

(I) foster care maintenance payments under section 472 only on behalf of children who satisfy the 

eligibility requirements of section 472(a); 

(II) adoption assistance payments under section 

473 pursuant to adoption assistance agreements 

only on behalf of children who satisfy the eligibility requirements for such payments under that 

section; øand¿ 

(III) at the option of the tribe, organization, or 

consortium, kinship guardianship assistance payments in accordance with section 473(d) only on 

behalf of children who meet the requirements of 

section 473(d)(3)ø.¿; and 

(IV) at the option of the tribe, organization, or 

consortium, services and programs specified in section 471(e)(1) to children described in section 

471(e)(2) and their parents or kin caregivers, in accordance with section 471(e) and subparagraph 

(E). 

(ii) SATISFACTION OF FOSTER CARE ELIGIBILITY REQUIREMENTS.—For purposes of determining whether a 


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child whose placement and care are the responsibility 

of an Indian tribe, tribal organization, or tribal consortium with a plan approved under section 471 in accordance with this section satisfies the requirements 

of section 472(a), the following shall apply: 

(I) USE OF AFFIDAVITS, ETC.—Only with respect 

to the first 12 months for which such plan is in effect, the requirement in paragraph (1) of section 

472(a) shall not be interpreted so as to prohibit 

the use of affidavits or nunc pro tunc orders as 

verification documents in support of the reasonable efforts and contrary to the welfare of the 

child judicial determinations required under that 

paragraph. 

(II) AFDC ELIGIBILITY REQUIREMENT.—The State 

plan approved under section 402 (as in effect on 

July 16, 1996) of the State in which the child resides at the time of removal from the home shall 

apply to the determination of whether the child 

satisfies section 472(a)(3). 

(D) OPTION TO CLAIM IN-KIND EXPENDITURES FROM

THIRD-PARTY SOURCES FOR NON-FEDERAL SHARE OF ADMIN- ISTRATIVE AND TRAINING COSTS DURING INITIAL IMPLEMEN- TATION PERIOD.—Only for fiscal year quarters beginning 

after September 30, 2009, and before October 1, 2014, a 

list of the in-kind expenditures (which shall be fairly evaluated, and may include plants, equipment, administration, 

or services) and the third-party sources of such expenditures that the tribe, organization, or consortium may claim 

as part of the non-Federal share of administrative or training expenditures attributable to such quarters for purposes 

of receiving payments under section 474(a)(3). The Secretary shall permit a tribe, organization, or consortium to 

claim in-kind expenditures from third party sources for 

such purposes during such quarters subject to the following: 

(i) NO EFFECT ON AUTHORITY FOR TRIBES, ORGANIZA- TIONS, OR CONSORTIA TO CLAIM EXPENDITURES OR INDI- RECT COSTS TO THE SAME EXTENT AS STATES.—Nothing 

in this subparagraph shall be construed as preventing 

a tribe, organization, or consortium from claiming any 

expenditures or indirect costs for purposes of receiving 

payments under section 474(a) that a State with a 

plan approved under section 471(a) could claim for 

such purposes. 

(ii) FISCAL YEAR 2010 OR 2011.— 

(I) EXPENDITURES OTHER THAN FOR TRAINING.— 

With respect to amounts expended during a fiscal 

year quarter beginning after September 30, 2009, 

and before October 1, 2011, for which the tribe, organization, or consortium is eligible for payments 

under subparagraph (C), (D), or (E) of section 

474(a)(3), not more than 25 percent of such 

amounts may consist of in-kind expenditures from 

third-party sources specified in the list required 


SSpencer on DSK4SPTVN1PROD with REPORTS
249 

under this subparagraph to be submitted with the 

plan. 

(II) TRAINING EXPENDITURES.—With respect to 

amounts expended during a fiscal year quarter beginning after September 30, 2009, and before October 1, 2011, for which the tribe, organization, or 

consortium is eligible for payments under subparagraph (A) or (B) of section 474(a)(3), not more 

than 12 percent of such amounts may consist of 

in-kind expenditures from third-party sources that 

are specified in such list and described in subclause (III). 

(III) SOURCES DESCRIBED.—For purposes of subclause (II), the sources described in this subclause 

are the following: 

(aa) A State or local government. 

(bb) An Indian tribe, tribal organization, or 

tribal consortium other than the tribe, organization, or consortium submitting the plan. 

(cc) A public institution of higher education. 

(dd) A Tribal College or University (as defined in section 316 of the Higher Education 

Act of 1965 (20 U.S.C. 1059c)). 

(ee) A private charitable organization. 

(iii) FISCAL YEAR 2012, 2013, OR 2014.— (I) IN GENERAL.—Except as provided in subclause (II) of this clause and clause (v) of this subparagraph, with respect to amounts expended during any fiscal year quarter beginning after September 30, 2011, and before October 1, 2014, for 

which the tribe, organization, or consortium is eligible for payments under any subparagraph of 

section 474(a)(3) of this Act, the only in-kind expenditures from third-party sources that may be 

claimed by the tribe, organization, or consortium 

for purposes of determining the non-Federal share 

of such expenditures (without regard to whether 

the expenditures are specified on the list required 

under this subparagraph to be submitted with the 

plan) are in-kind expenditures that are specified 

in regulations promulgated by the Secretary 

under section 301(e)(2) of the Fostering Connections to Success and Increasing Adoptions Act of 

2008 and are from an applicable third-party 

source specified in such regulations, and do not 

exceed the applicable percentage for claiming such 

in-kind expenditures specified in the regulations. 

(II) TRANSITION PERIOD FOR EARLY APPROVED

TRIBES, ORGANIZATIONS, OR CONSORTIA.—Subject 

to clause (v), if the tribe, organization, or consortium is an early approved tribe, organization, or 

consortium (as defined in subclause (III) of this 

clause), the Secretary shall not require the tribe, 

organization, or consortium to comply with such 

regulations before October 1, 2013. Until the earVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00249 Fmt 6659 Sfmt 6601 E:\HR\OC\HR628.XXX HR628

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lier of the date such tribe, organization, or consortium comes into compliance with such regulations 

or October 1, 2013, the limitations on the claiming 

of in-kind expenditures from third-party sources 

under clause (ii) shall continue to apply to such 

tribe, organization, or consortium (without regard 

to fiscal limitation) for purposes of determining 

the non-Federal share of amounts expended by 

the tribe, organization, or consortium during any 

fiscal year quarter that begins after September 30, 

2011, and before such date of compliance or October 1, 2013, whichever is earlier. 

(III) DEFINITION OF EARLY APPROVED TRIBE, ORGANIZATION, OR CONSORTIUM.—For purposes of 

subclause (II) of this clause, the term ‘‘early approved tribe, organization, or consortium’’ means 

an Indian tribe, tribal organization, or tribal consortium that had a plan approved under section 

471 in accordance with this section for any quarter of fiscal year 2010 or 2011. 

(iv) FISCAL YEAR 2015 AND THEREAFTER.—Subject to 

clause (v) of this subparagraph, with respect to 

amounts expended during any fiscal year quarter beginning after September 30, 2014, for which the tribe, 

organization, or consortium is eligible for payments 

under any subparagraph of section 474(a)(3) of this 

Act, in-kind expenditures from third-party sources 

may be claimed for purposes of determining the nonFederal share of expenditures under any subparagraph of such section 474(a)(3) only in accordance with 

the regulations promulgated by the Secretary under 

section 301(e)(2) of the Fostering Connections to Success and Increasing Adoptions Act of 2008. 

(v) CONTINGENCY RULE.—If, at the time expenditures are made for a fiscal year quarter beginning 

after September 30, 2011, and before October 1, 2014, 

for which a tribe, organization, or consortium may receive payments for under section 474(a)(3) of this Act, 

no regulations required to be promulgated under section 301(e)(2) of the Fostering Connections to Success 

and Increasing Adoptions Act of 2008 are in effect, and 

no legislation has been enacted specifying otherwise— 

(I) in the case of any quarter of fiscal year 2012, 

2013, or 2014, the limitations on claiming in-kind 

expenditures from third-party sources under 

clause (ii) of this subparagraph shall apply (without regard to fiscal limitation) for purposes of determining the non-Federal share of such expenditures; and 

(II) in the case of any quarter of fiscal year 2015 

or any fiscal year thereafter, no tribe, organization, or consortium may claim in-kind expenditures from third-party sources for purposes of determining the non-Federal share of such expenditures if a State with a plan approved under secVerDate Sep 11 2014 07:32 Jun 23, 2016 Jkt 059006 PO 00000 Frm 00250 Fmt 6659 Sfmt 6601 E:\HR\OC\HR628.XXX HR628

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tion 471(a) of this Act could not claim in-kind expenditures from third-party sources for such purposes. 

(E) PREVENTION SERVICES AND PROGRAMS FOR CHILDREN

AND THEIR PARENTS AND KIN CAREGIVERS.— 

(i) IN GENERAL.—In the case of a tribe, organization, 

or consortium that elects to provide services and programs specified in section 471(e)(1) to children described in section 471(e)(2) and their parents or kin 

caregivers under the plan, the Secretary shall specify 

the requirements applicable to the provision of the services and programs. The requirements shall, to the 

greatest extent practicable, be consistent with the requirements applicable to States under section 471(e) 

and shall permit the provision of the services and programs in the form of services and programs that are 

adapted to the culture and context of the tribal communities served. 

(ii) PERFORMANCE MEASURES.—The Secretary shall 

establish specific performance measures for each tribe, 

organization, or consortium that elects to provide services and programs specified in section 471(e)(1). The 

performance measures shall, to the greatest extent practicable, be consistent with the prevention services measures required for States under section 471(e)(6) but 

shall allow for consideration of factors unique to the 

provision of the services by tribes, organizations, or 

consortia. 

(2) CLARIFICATION OF TRIBAL AUTHORITY TO ESTABLISH

STANDARDS FOR TRIBAL FOSTER FAMILY HOMES AND TRIBAL

CHILD CARE INSTITUTIONS.—For purposes of complying with 

section 471(a)(10), an Indian tribe, tribal organization, or tribal 

consortium shall establish and maintain a tribal authority or 

authorities which shall be responsible for establishing and 

maintaining tribal standards for tribal foster family homes and 

tribal child care institutions. 

(3) CONSORTIUM.—The participating Indian tribes or tribal 

organizations of a tribal consortium may develop and submit 

a single plan under section 471 that meets the requirements 

of this section. 

(d) DETERMINATION OF FEDERAL MEDICAL ASSISTANCE PERCENTAGE øFOR FOSTER CARE MAINTENANCE AND ADOPTION ASSISTANCE

PAYMENTS¿.— 

(1) PER CAPITA INCOME.—For purposes of determining the 

Federal medical assistance percentage applicable to an Indian 

tribe, a tribal organization, or a tribal consortium under paragraphs (1), (2), øand (5)¿ (5), and (6)(A) of section 474(a), the 

calculation of the per capita income of the Indian tribe, tribal 

organization, or tribal consortium shall be based upon the service population of the Indian tribe, tribal organization, or tribal 

consortium, except that in no case shall an Indian tribe, a tribal organization, or a tribal consortium receive less than the 

Federal medical assistance percentage for any State in which 

the tribe, organization, or consortium is located. 


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(2) CONSIDERATION OF OTHER INFORMATION.—Before making 

a calculation under paragraph (1), the Secretary shall consider 

any information submitted by an Indian tribe, a tribal organization, or a tribal consortium that the Indian tribe, tribal organization, or tribal consortium considers relevant to making the 

calculation of the per capita income of the Indian tribe, tribal 

organization, or tribal consortium. 

(e) NONAPPLICATION TO COOPERATIVE AGREEMENTS AND CON- TRACTS.—Any cooperative agreement or contract entered into between an Indian tribe, a tribal organization, or a tribal consortium 

and a State for the administration or payment of funds under this 

part that is in effect as of the date of enactment of this section 

shall remain in full force and effect, subject to the right of either 

party to the agreement or contract to revoke or modify the agreement or contract pursuant to the terms of the agreement or contract. Nothing in this section shall be construed as affecting the authority for an Indian tribe, a tribal organization, or a tribal consortium and a State to enter into a cooperative agreement or contract 

for the administration or payment of funds under this part. 

(f) JOHN H. CHAFEE FOSTER CARE INDEPENDENCE PROGRAM.— 

Except as provided in section 477(j), subsection (b) of this section 

shall not apply with respect to the John H. Chafee Foster Care 

Independence Program established under section 477 (or with respect to payments made under section 474(a)(4) or grants made 

under section 474(e)). 

(g) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed as affecting the application of section 472(h) to a child 

on whose behalf payments are paid under section 472, or the application of section 473(b) to a child on whose behalf payments are 

made under section 473 pursuant to an adoption assistance agreement or a kinship guardianship assistance agreement, by an Indian tribe, tribal organization, or tribal consortium that elects to 

operate a foster care and adoption assistance program in accordance with this section. 

* * * * * * * 


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VIII. ADDITIONAL VIEWS 

ADDITIONAL VIEWS FOR H.R. 5456 

We believe in the importance of providing a federal incentive for 

states to invest in prevention and early intervention for the safety 

of children. This bill makes eventual progress toward that objective, but there are several major problems with it. First, this bill 

provides no immediate relief for the crises facing so many children 

endangered now. No additional funds are provided for prevention 

this year, next year, or the following year. Not until the final quarter of 2019—more than three years from now—will funds be available to children who are the victims of abuse and neglect, including 

the many impacted by the opioid crisis. Texas and Mississippi foster care has already been declared unconstitutional, and litigation 

is pending because of foster care failings in a number of other 

states. Further delay means further impairment of the future for 

so many young Americans. 

Second, this bill continues a Republican tradition of the Ways 

and Means Committee that vulnerable children can receive federal 

relief only from money taken from other children or other portions 

of initiatives within the jurisdiction of the Human Resources Subcommittee. Once again, this bill takes from Peter to pay Paul, this 

time in the form of cuts to congregate foster care and adoption assistance to families for children who would otherwise be in foster 

care. The cuts to congregate care are imposed without an alternative placement—where will these kids go? Republicans rejected 

the use of additional resources to prevent child abuse, including a 

simple tax compliance measure that would require the filing of a 

1099 for alimony payments that would have provided more than $2 

billion of resources, without raising a dime of taxes. 

The failure to provide sufficient resources means this bill fails to 

provide sufficient resources for family members, who are caring for 

children when their parents cannot as an alternative to foster care. 

Senators Hatch and Wyden agreed upon a bipartisan proposal of 

kinship assistance that would have provided approximately $1.7 

billion. This bill has whittled down their kinship assistance proposal to about $126 million, or less than 8% of what was originally 

proposed. This is not a compromise worthy of celebration. 

Third, this bill makes wholly unjustified and discriminatory cuts 

to adoption assistance. The sole reason for these cuts is budgetary—that was apparently the easiest way to find funds instead 

of adding the necessary revenue paid for, in part, by delaying funding for children under the age of 4 to be adopted out of foster care, 

for those children with special needs, both physical and mental, 

who are the hardest to adopt. According to a law Congress passed 

in 2008, those adopting 2- and 3-years-olds who would otherwise 

have been entering foster care would have been eligible in October 


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for modest federal assistance; infants and 1-year-olds would have 

been eligible next year. Now, that funding will be delayed 21⁄2

years, to pay for new prevention services for children, none of 

which become available until 2020. The only excuse given for taking almost $700 million that otherwise would have supported adoptions is that some states are failing to reinvest in foster children 

the money that they save in foster care costs for each child who is 

adopted. There is no example of fraud or abuse, only the all too 

typical diversion by some states for other public services. Some 

states like Texas, which so regularly ignores the needs of its children, reinvested only a dime every dollar of savings in foster care. 

Others like Florida followed federal law and reinvested every dollar 

of their savings. This bill discriminates against Florida and similar 

states. 

Nor does this bill propose any meaningful action to prevent diversion by states like Texas. In 2014, Congress enacted provisions 

of the Preventing Sex Trafficking and Strengthening Families Act 

to prevent diversion. The Administration should enforce that Act. 

Requesting that the Government Accountability Office provide information already available in the attached chart from the U.S. Department of Health and Human Services adds nothing not already 

known, but if desired, it could have been requested long ago with 

a mere letter. Seeking another report represents cover for taking 

away resources to help blameless infants and toddlers. 

We have a serious problem that deserves a serious state-federal, 

bipartisan solution. We are not opposing today’s bill but it is does 

far less than its promoters pretend. It is a true missed opportunity 

to help some of our most vulnerable Americans. Today’s bill does 

something, someday. We ought to be doing more today. 

LLOYD DOGGETT. 

JIM MCDERMOTT. 


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SSpencer on DSK4SPTVN1PROD with REPORTSInsert offset folio 274 here HR628.001
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SSpencer on DSK4SPTVN1PROD with REPORTSInsert offset folio 275 here HR628.002