II 

115TH CONGRESS 

1ST SESSION S. 1257 

To amend title IV of the Social Security Act to require States to adopt 

an electronic system to help expedite the placement of children in foster 

care or guardianship, or for adoption, across State lines, and to provide 

funding to aid States in developing such a system, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2017 

Mr. YOUNG (for himself, Mr. GRASSLEY, Mrs. GILLIBRAND, Mr. FRANKEN, 

Mr. PETERS, and Mr. BLUMENTHAL) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To amend title IV of the Social Security Act to require 

States to adopt an electronic system to help expedite 

the placement of children in foster care or guardianship, 

or for adoption, across State lines, and to provide funding to aid States in developing such a system, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Modernizing the Inter5 state Placement of Children in Foster Care Act’’. 


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1 SEC. 2. FINDINGS. 

2 The Congress finds that— 

3 (1) when a child in foster care cannot return 

4 safely home, the child deserves to be placed in a set5 ting that is best for that child, regardless of whether 

6 it is in the child’s State or another State; 

7 (2) the Interstate Compact on the Placement of 

8 Children (ICPC) was established in 1960 to provide 

9 a uniform legal framework for the placement of chil10 dren across State lines in foster and adoptive homes; 

11 (3) frequently, children waiting to be placed 

12 with an adoptive family, relative, or foster parent in 

13 another State spend more time waiting for this to 

14 occur than children who are placed with an adoptive, 

15 family, relative, or foster parent in the same State, 

16 because of the outdated, administratively burden17 some ICPC process; 

18 (4) no child should have to wait longer to be 

19 placed in a loving home simply because the child 

20 must cross a State line; 

21 (5) the National Electronic Interstate Compact 

22 Enterprise (NEICE) was launched in August 2014 

23 in Indiana, Nevada, Florida, South Carolina, Wis24 consin, and the District of Columbia, has since ex25 panded into Illinois, Virginia, Rhode Island, Cali26 fornia, Alaska, Nebraska, and Georgia, and is exVerDate Sep 11 2014 02:15 Jun 02, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1257.IS S1257

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1 pected to be expanded into additional States to im2 prove the administrative process by which children 

3 are placed with families across State lines; 

4 (6) States using this electronic interstate case5 processing system have reduced administrative costs 

6 and the amount of staff time required to process 

7 these cases, and caseworkers can spend more time 

8 helping children instead of copying and mailing pa9 perwork between States; 

10 (7) since NEICE was launched, placement time 

11 has decreased by 30 percent for interstate foster 

12 care placements; and 

13 (8) on average, States using this electronic 

14 interstate case-processing system have been able to 

15 reduce from 24 business days to 13 business days 

16 the time it takes to identify a family for a child and 

17 prepare the paperwork required to start the ICPC 

18 process. 

19 SEC. 3. STATE PLAN REQUIREMENT. 

20 (a) IN GENERAL.—Section 471(a)(25) of the Social 

21 Security Act (42 U.S.C. 671(a)(25)) is amended— 

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

23 and 

24 (2) by inserting ‘‘, which in the case of a State 

25 other than the Commonwealth of Puerto Rico, the 


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1 United States Virgin Islands, Guam, and American 

2 Samoa, not later than October 1, 2027, shall include 

3 the use of an electronic interstate case-processing 

4 system’’ before the 1st semicolon. 

5 (b) EXEMPTION OF INDIAN TRIBES.—Section 

6 479B(c) of such Act (42 U.S.C. 679c(c)) is amended by 

7 adding at the end the following: 

8 ‘‘(4) INAPPLICABILITY OF STATE PLAN RE9 QUIREMENT TO HAVE IN EFFECT PROCEDURES PRO10 VIDING FOR THE USE AN ELECTRONIC INTERSTATE

11 CASE-PROCESSING SYSTEM.—The requirement in 

12 section 471(a)(25) that a State plan provide that the 

13 State shall have in effect procedures providing for 

14 the use of an electronic interstate case-processing 

15 system shall not apply to an Indian tribe, tribal or16 ganization, or tribal consortium that elects to oper17 ate a program under this part.’’. 

18 (c) EFFECTIVE DATE.— 

19 (1) IN GENERAL.—The amendments made by 

20 subsection (a) shall take effect on the 1st day of the 

21 1st calendar quarter beginning on or after the date 

22 of the enactment of this Act, and shall apply to pay23 ments under part E of title IV of the Social Security 

24 Act for calendar quarters beginning on or after such 

25 date. 


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1 (2) DELAY PERMITTED IF STATE LEGISLATION

2 REQUIRED.—If the Secretary of Health and Human 

3 Services determines that State legislation (other 

4 than legislation appropriating funds) is required in 

5 order for a State plan developed pursuant to part E 

6 of title IV of the Social Security Act to meet the ad7 ditional requirement imposed by the amendments 

8 made by subsection (a), the plan shall not be re9 garded as failing to meet any of the additional re10 quirements before the 1st day of the 1st calendar 

11 quarter beginning after the first regular session of 

12 the State legislature that begins after the date of the 

13 enactment of this Act. For purposes of the preceding 

14 sentence, if the State has a 2-year legislative session, 

15 each year of the session is deemed to be a separate 

16 regular session of the State legislature. 

17 SEC. 4. FUNDING FOR THE DEVELOPMENT OF AN ELEC18 TRONIC INTERSTATE CASE-PROCESSING SYS19 TEM TO EXPEDITE THE INTERSTATE PLACE20 MENT OF CHILDREN IN FOSTER CARE OR 

21 GUARDIANSHIP, OR FOR ADOPTION. 

22 Section 437 of the Social Security Act (42 U.S.C. 

23 629g) is amended by adding at the end the following: 

24 ‘‘(g) FUNDING FOR THE DEVELOPMENT OF AN

25 ELECTRONIC INTERSTATE CASE-PROCESSING SYSTEM TO


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1 EXPEDITE THE INTERSTATE PLACEMENT OF CHILDREN

2 IN FOSTER CARE OR GUARDIANSHIP, OR FOR ADOP3 TION.— 

4 ‘‘(1) PURPOSE.—The purpose of this subsection 

5 is to facilitate the development of an electronic inter6 state case-processing system for the exchange of 

7 data and documents to expedite the placements of 

8 children in foster, guardianship, or adoptive homes 

9 across State lines. 

10 ‘‘(2) REQUIREMENTS.—A State that seeks 

11 funding under this subsection shall submit to the 

12 Secretary the following information: 

13 ‘‘(A) A description of the goals and out14 comes to be achieved, which goals and outcomes 

15 must result in— 

16 ‘‘(i) reducing the time it takes for a 

17 child to be provided with a safe and appro18 priate permanent living arrangement 

19 across State lines; 

20 ‘‘(ii) improving administrative proc21 esses and reducing costs in the foster care 

22 system; and 

23 ‘‘(iii) the secure exchange of relevant 

24 case files and other necessary materials in 

25 real time, and timely communications and 


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1 placement decisions regarding interstate 

2 placements of children. 

3 ‘‘(B) A description of the activities to be 

4 funded in whole or in part with the funds, in5 cluding the sequencing of the activities. 

6 ‘‘(C) A description of the strategies for in7 tegrating programs and services for children 

8 who are placed across State lines. 

9 ‘‘(D) Such other information as the Sec10 retary may require. 

11 ‘‘(3) FUNDING AUTHORITY.—The Secretary 

12 may provide funds to a State that complies with 

13 paragraph (2). In providing funds under this sec14 tion, the Secretary shall prioritize States that are 

15 not yet connected with the electronic interstate case16 processing system referred to in paragraph (1). 

17 ‘‘(4) USE OF FUNDS.—A State to which fund18 ing is provided under this subsection shall use the 

19 funding to support the State in connecting with, or 

20 enhancing or expediting services provided under, the 

21 electronic interstate case-processing system referred 

22 to in paragraph (1). 

23 ‘‘(5) EVALUATIONS.—Not later than 1 year 

24 after the final year in which funds are awarded 

25 under this subsection, the Secretary shall submit to 


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1 the Congress, and make available to the general 

2 public by posting on a website, a report that con3 tains the following information: 

4 ‘‘(A) How using the electronic interstate 

5 case-processing system developed pursuant to 

6 paragraph (4) has changed the time it takes for 

7 children to be placed across State lines. 

8 ‘‘(B) The number of cases subject to the 

9 Interstate Compact on the Placement of Chil10 dren that were processed through the electronic 

11 interstate case-processing system, and the num12 ber of interstate child placement cases that 

13 were processed outside the electronic interstate 

14 case-processing system, by each State in each 

15 year. 

16 ‘‘(C) The progress made by States in im17 plementing the electronic interstate case-proc18 essing system. 

19 ‘‘(D) How using the electronic interstate 

20 case-processing system has affected various 

21 metrics related to child safety and well-being, 

22 including the time it takes for children to be 

23 placed across State lines. 

24 ‘‘(E) How using the electronic interstate 

25 case-processing system has affected administraVerDate Sep 11 2014 02:15 Jun 02, 2017 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1257.IS S1257

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1 tive costs and caseworker time spent on placing 

2 children across State lines. 

3 ‘‘(6) DATA INTEGRATION.—The Secretary, in 

4 consultation with the Secretariat for the Interstate 

5 Compact on the Placement of Children and the 

6 States, shall assess how the electronic interstate 

7 case-processing system developed pursuant to para8 graph (4) could be used to better serve and protect 

9 children that come to the attention of the child wel10 fare system, by— 

11 ‘‘(A) connecting the system with other 

12 data systems (such as systems operated by 

13 State law enforcement and judicial agencies, 

14 systems operated by the Federal Bureau of In15 vestigation for the purposes of the Innocence 

16 Lost National Initiative, and other systems); 

17 ‘‘(B) simplifying and improving reporting 

18 related to paragraphs (34) and (35) of section 

19 471(a) regarding children or youth who have 

20 been identified as being a sex trafficking victim 

21 or children missing from foster care; and 

22 ‘‘(C) improving the ability of States to 

23 quickly comply with background check require24 ments of section 471(a)(20), including checks of 


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1 child abuse and neglect registries as required by 

2 section 471(a)(20)(B).’’. 

3 SEC. 5. CONTINUATION OF DISCRETIONARY FUNDING TO 

4 PROMOTE SAFE AND STABLE FAMILIES. 

5 Section 437(a) of the Social Security Act (42 U.S.C. 

6 629g(a)) is amended by striking ‘‘2016’’ and inserting 

7 ‘‘2018’’. 

8 SEC. 6. RESERVATION OF FUNDS TO IMPROVE THE INTER9 STATE PLACEMENT OF CHILDREN. 

10 Section 437(b) of the Social Security Act (42 U.S.C. 

11 629g(b)) is amended by adding at the end the following: 

12 ‘‘(4) IMPROVING THE INTERSTATE PLACEMENT

13 OF CHILDREN.—The Secretary shall reserve 

14 $5,000,000 of the amount made available for fiscal 

15 year 2018 for providing funding under subsection 

16 (g), and the amount so reserved shall remain avail17 able through fiscal year 2022.’’. 

Æ 


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