II 

112TH CONGRESS 

1ST SESSION S. 1542 

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

child and family services program through fiscal year 2016, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 12, 2011 

Mr. BAUCUS (for himself and Mr. HATCH) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To amend part B of title IV of the Social Security Act 

to extend the child and family services program through 

fiscal year 2016, and for other purposes. 

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 ‘‘Child and Family Serv5 ices Improvement and Innovation Act’’. 


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1 TITLE I—EXTENSION OF CHILD 

2 AND FAMILY SERVICES PRO3 GRAMS 

4 SEC. 101. STEPHANIE TUBBS JONES CHILD WELFARE SERV5 ICES PROGRAM. 

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

7 Social Security Act (42 U.S.C. 625) is amended by strik8 ing ‘‘2007 through 2011’’ and inserting ‘‘2012 through 

9 2016’’. 

10 (b) MODIFICATION OF CERTAIN STATE PLAN RE11 QUIREMENTS.— 

12 (1) RESPONSE TO EMOTIONAL TRAUMA.—Sec13 tion 422(b)(15)(A)(ii) of such Act (42 U.S.C. 

14 622(b)(15)(A)(ii)) is amended by inserting ‘‘, includ15 ing emotional trauma associated with a child’s mal16 treatment and removal from home’’ before the semi17 colon. 

18 (2) PROCEDURES ON THE USE OF PSYCHO19 TROPIC MEDICATIONS.—Section 422(b)(15)(A)(v) of 

20 such Act (42 U.S.C. 622(b)(15)(A)(v)) is amended 

21 by inserting ‘‘, including protocols for the appro22 priate use and monitoring of psychotropic medica23 tions’’ before the semicolon. 

24 (3) DESCRIPTION OF ACTIVITIES TO ADDRESS

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1 DREN.—Section 422(b) of such Act (42 U.S.C. 

2 622(b)) is amended— 

3 (A) by striking ‘‘and’’ at the end of para4 graph (16); 

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

6 paragraph (17) and inserting ‘‘; and’’; and 

7 (C) by adding at the end the following: 

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

9 the State has undertaken to reduce the length of 

10 time children who have not attained 5 years of age 

11 are without a permanent family, and the activities 

12 the State undertakes to address the developmental 

13 needs of such children who receive benefits or serv14 ices under this part or part E.’’. 

15 (4) DATA SOURCES FOR CHILD DEATH REPORT16 ING.—Section 422(b) of such Act (42 U.S.C. 

17 622(b)), as amended by paragraph (3) of this sub18 section, is amended— 

19 (A) by striking ‘‘and’’ at the end of para20 graph (17); 

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

22 paragraph (18) and inserting ‘‘; and’’; and 

23 (C) by adding at the end the following: 

24 ‘‘(19) contain a description of the sources used 

25 to compile information on child maltreatment deaths 


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1 required by Federal law to be reported by the State 

2 agency referred to in paragraph (1), and to the ex3 tent that the compilation does not include informa4 tion on such deaths from the State vital statistics 

5 department, child death review teams, law enforce6 ment agencies, or offices of medical examiners or 

7 coroners, the State shall describe why the informa8 tion is not so included and how the State will in9 clude the information.’’. 

10 (c) CHILD VISITATION BY CASEWORKERS.—Section 

11 424 of such Act (42 U.S.C. 624) is amended by striking 

12 the 2nd subsection (e), as added by section 7(b) of the 

13 Child and Family Services Improvement Act of 2006, and 

14 inserting the following: 

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

16 necessary to ensure that the total number of visits made 

17 by caseworkers on a monthly basis to children in foster 

18 care under the responsibility of the State during a fiscal 

19 year is not less than 90 percent (or, in the case of fiscal 

20 year 2015 or thereafter, 95 percent) of the total number 

21 of such visits that would occur during the fiscal year if 

22 each such child were so visited once every month while 

23 in such care. 

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

25 failed to comply with subparagraph (A) for a fiscal year, 


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1 then the percentage that would otherwise apply for pur2 poses of subsection (a) for the fiscal year shall be reduced 

3 by— 

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

5 by which the State fell short of the percentage speci6 fied in subparagraph (A) is less than 10; 

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

8 by which the State fell short, as described in clause 

9 (i), is not less than 10 and less than 20; or 

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

11 by which the State fell short, as described in clause 

12 (i), is not less than 20. 

13 ‘‘(2)(A) Each State shall take such steps as are nec14 essary to ensure that not less than 50 percent of the total 

15 number of visits made by caseworkers to children in foster 

16 care under the responsibility of the State during a fiscal 

17 year occur in the residence of the child involved. 

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

19 failed to comply with subparagraph (A) for a fiscal year, 

20 then the percentage that would otherwise apply for pur21 poses of subsection (a) for the fiscal year shall be reduced 

22 by— 

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

24 by which the State fell short of the percentage speci25 fied in subparagraph (A) is less than 10; 


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

2 by which the State fell short, as described in clause 

3 (i), is not less than 10 and less than 20; or 

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

5 by which the State fell short, as described in clause 

6 (i), is not less than 20.’’. 

7 (d) TECHNICAL CORRECTION.—Section 423(b) of 

8 such Act (42 U.S.C. 623(b)) is amended by striking ‘‘per 

9 centum’’ each place it appears and inserting ‘‘percent’’. 

10 SEC. 102. PROMOTING SAFE AND STABLE FAMILIES PRO11 GRAM. 

12 (a) EXTENSION OF FUNDING AUTHORIZATIONS.— 

13 (1) IN GENERAL.—Section 436(a) of the Social 

14 Security Act (42 U.S.C. 629f(a)) is amended by 

15 striking all that follows ‘‘$345,000,000’’ and insert16 ing ‘‘for each of fiscal years 2012 through 2016.’’. 

17 (2) DISCRETIONARY GRANTS.—Section 437(a) 

18 of such Act (42 U.S.C. 629g(a)) is amended by 

19 striking ‘‘2007 through 2011’’ and inserting ‘‘2012 

20 through 2016’’. 

21 (b) TARGETING OF SERVICES TO POPULATIONS AT

22 GREATEST RISK OF MALTREATMENT.—Section 432(a) of 

23 such Act (42 U.S.C. 629b(a)) is amended— 

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

25 (8); 


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1 (2) by striking the period at the end of para2 graph (9) and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

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

5 populations are at the greatest risk of maltreatment 

6 and how services are targeted to the populations.’’. 

7 (c) REVISED PURPOSES OF FAMILY SUPPORT SERV8 ICES AND TIME-LIMITED FAMILY REUNIFICATION SERV9 ICES.— 

10 (1) FAMILY SUPPORT SERVICES.—Section 

11 431(a)(2) of such Act (42 U.S.C. 629a(a)(2)) is 

12 amended to read as follows: 

13 ‘‘(2) FAMILY SUPPORT SERVICES.— 

14 ‘‘(A) IN GENERAL.—The term ‘family sup15 port services’ means community-based services 

16 designed to carry out the purposes described in 

17 subparagraph (B). 

18 ‘‘(B) PURPOSES DESCRIBED.—The pur19 poses described in this subparagraph are the 

20 following: 

21 ‘‘(i) To promote the safety and well22 being of children and families. 

23 ‘‘(ii) To increase the strength and sta24 bility of families (including adoptive, fos25 ter, and extended families). 


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1 ‘‘(iii) To increase parents’ confidence 

2 and competence in their parenting abilities. 

3 ‘‘(iv) To afford children a safe, stable, 

4 and supportive family environment. 

5 ‘‘(v) To strengthen parental relation6 ships and promote healthy marriages. 

7 ‘‘(vi) To enhance child development, 

8 including through mentoring (as defined in 

9 section 439(b)(2)).’’. 

10 (2) TIME-LIMITED FAMILY REUNIFICATION

11 SERVICES.—Section 431(a)(7)(B) of such Act (42 

12 U.S.C. 629a(a)(7)(B)) is amended by redesignating 

13 clause (vi) as clause (viii) and inserting after clause 

14 (v) the following: 

15 ‘‘(vi) Peer-to-peer mentoring and sup16 port groups for parents and primary care17 givers. 

18 ‘‘(vii) Services and activities designed 

19 to facilitate access to and visitation of chil20 dren by parents and siblings.’’. 

21 (d) UNIFORM DEFINITIONS OF INDIAN TRIBE AND

22 TRIBAL ORGANIZATION.—Section 431(a) of such Act (42 

23 U.S.C. 629a(a)(5) and (6)) is amended by striking para24 graphs (5) and (6) and inserting the following: 


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1 ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 

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

3 ‘‘(6) TRIBAL ORGANIZATION.—The term ‘tribal 

4 organization’ has the meaning given the term in sec5 tion 428(c).’’. 

6 (e) SUBMISSION TO CONGRESS OF STATE SUM7 MARIES OF FINANCIAL DATA; PUBLICATION ON HHS 

8 WEB SITE.—Section 432(c) of such Act (42 U.S.C. 

9 629b(c)) is amended— 

10 (1) by striking all that precedes ‘‘shall’’ and in11 serting the following: 

12 ‘‘(c) ANNUAL SUBMISSION OF STATE REPORTS TO

13 CONGRESS.— 

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

15 (2) by adding after and below the end the fol16 lowing: 

17 ‘‘(2) INFORMATION TO BE INCLUDED.—The 

18 compilation shall include the individual State reports 

19 and tables that synthesize State information into na20 tional totals for each element required to be included 

21 in the reports, including planned and actual spend22 ing by service category for the program authorized 

23 under this subpart and planned spending by service 

24 category for the program authorized under subpart 

25 1. 


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1 ‘‘(3) PUBLIC ACCESSIBILITY.—Not later than 

2 September 30 of each year, the Secretary shall pub3 lish the compilation on the Web site of the Depart4 ment of Health and Human Services in a location 

5 easily accessible by the public.’’. 

6 (f) GAO REPORT ON MULTIPLE SOURCES OF FED7 ERAL SPENDING AND FAMILY ACCESS TO SERVICES.— 

8 Not later than 12 months after the date of enactment of 

9 this Act, the Comptroller General of the United States 

10 shall submit to Congress a report that— 

11 (1) identifies alternative sources of Federal 

12 funding that are being employed by States or other 

13 entities for the same purposes for which funding is 

14 provided under subpart 1 or 2 of part B of title IV 

15 of the Social Security Act; and 

16 (2) assesses the needs of families eligible for 

17 services under such program, including identification 

18 of underserved communities and information regard19 ing— 

20 (A) the supports available for caseworkers 

21 to appropriately investigate and safely manage 

22 their caseloads; 

23 (B) the length of the wait time for families 

24 to receive substance abuse and other preventive 

25 services; and 


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1 (C) the number of families on waiting lists 

2 for such services and the effect of the delay on 

3 healthy, successful reunification outcomes for 

4 such families. 

5 (g) TECHNICAL CORRECTIONS.— 

6 (1) Section 432(a)(8)(B) of the Social Security 

7 Act (42 U.S.C. 629b(a)(8)(B)) is amended in each 

8 of clauses (i) and (ii) by striking ‘‘forms CFS 101– 

9 Part I and CFS 101–Part II (or any successor 

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

11 parts and any successor forms)’’. 

12 (2) Section 433(c)(2) of the Social Security Act 

13 (42 U.S.C. 629c(c)(2)) is amended— 

14 (A) in the paragraph heading, by striking 

15 ‘‘FOOD STAMP’’ and inserting ‘‘SUPPLEMENTAL

16 NUTRITION ASSISTANCE PROGRAM BENEFITS’’; 

17 and 

18 (B) by striking ‘‘benefits benefits’’ each 

19 place it appears and inserting ‘‘benefits’’. 

20 SEC. 103. GRANTS FOR TARGETED PURPOSES. 

21 (a) EXTENSION OF FUNDING RESERVATIONS FOR

22 MONTHLY CASEWORKER VISITS AND REGIONAL PART23 NERSHIP GRANTS.—Section 436(b) of the Social Security 

24 Act (42 U.S.C. 629f(b)) is amended— 


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

2 and all that follows and inserting ‘‘433(e) 

3 $20,000,000 for each of fiscal years 2012 through 

4 2016.’’; and 

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

6 all that follows and inserting ‘‘437(f) $20,000,000 

7 for each of fiscal years 2012 through 2016’’. 

8 (b) REVISION IN USE OF MONTHLY CASEWORKER

9 VISITS GRANTS.—Section 436(b)(4)(B)(i) of such Act (42 

10 U.S.C. 629f(b)(4)(B)) is amended— 

11 (1) by striking ‘‘support’’ and insert ‘‘improve 

12 the quality of’’; and 

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

14 that follows and inserting ‘‘an emphasis on improv15 ing caseworker decision making on the safety, per16 manency, and well-being of foster children and on 

17 activities designed to increase retention, recruitment, 

18 and training of caseworkers.’’; and 

19 (c) REAUTHORIZATION OF REGIONAL PARTNERSHIP

20 GRANTS TO ASSIST CHILDREN AFFECTED BY PARENTAL

21 SUBSTANCE ABUSE.— 

22 (1) EXTENSION OF PROGRAM.—Section 

23 437(f)(3)(A) of such Act (42 U.S.C. 629g(f)(3)(A)) 

24 is amended by striking ‘‘2007 through 2011’’ and 

25 inserting ‘‘2012 through 2016’’. 


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

2 such Act (42 U.S.C. 629g(f)) is amended— 

3 (A) in the subsection heading, by striking 

4 ‘‘METHAMPHETAMINE OR OTHER’’; 

5 (B) in each of paragraphs (1), (4)(A), 

6 (7)(A)(i), and (9)(B)(iii), by striking ‘‘meth7 amphetamine or other’’; 

8 (C) in paragraph (3), by striking subpara9 graph (B) and inserting the following: 

10 ‘‘(B) REQUIRED MINIMUM PERIOD OF AP11 PROVAL.— 

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

13 awarded under this subsection for a period 

14 of not less than 2, and not more than 5, 

15 fiscal years, subject to clause (ii). 

16 ‘‘(ii) EXTENSION OF GRANT.—On ap17 plication of the grantee, the Secretary may 

18 extend for not more than 2 fiscal years the 

19 period for which a grant is awarded under 

20 this subsection. 

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

22 subsection shall not be interpreted to prevent a 

23 grantee from applying for, or being awarded, 

24 separate grants under this subsection.’’; 

25 (D) in paragraph (6)(A)— 


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1 (i) by striking ‘‘and’’ at the end of 

2 clause (ii); 

3 (ii) by striking the period at the end 

4 of clause (iii) and inserting a semicolon; 

5 and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(iv) 70 percent for the sixth such fis9 cal year; and 

10 ‘‘(v) 65 percent for the seventh such 

11 fiscal year.’’; 

12 (E) in paragraph (7)— 

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

14 follows through ‘‘(A) take’’ and inserting 

15 ‘‘shall take’’; 

16 (ii) in subparagraph (A)(iv), by strik17 ing ‘‘; and’’ and inserting a period; 

18 (iii) by striking subparagraph (B); 

19 and 

20 (iv) by redesignating clauses (i) 

21 through (iv) of subparagraph (A) as sub22 paragraphs (A) through (D), respectively, 

23 and moving each of such provisions 2 ems 

24 to the left; and 

25 (F) by adding at the end the following: 


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1 ‘‘(10) LIMITATION ON USE OF FUNDS FOR AD2 MINISTRATIVE EXPENSES OF THE SECRETARY.—Not 

3 more than 5 percent of the amounts appropriated or 

4 reserved for awarding grants under this subsection 

5 for each of fiscal years 2012 through 2016 may be 

6 used by the Secretary for salaries and Department 

7 of Health and Human Services administrative ex8 penses in administering this subsection.’’. 

9 (3) EVALUATIONS.—Not later than December 

10 31, 2012, and not later than December 31, 2017, 

11 the Secretary of Health and Human Services shall 

12 evaluate the effectiveness of the grants awarded to 

13 regional partnerships under section 437(f) of the So14 cial Security Act (42 U.S.C. 629g(f)) and shall pub15 lish a report regarding the results of each evaluation 

16 on the Web site of the Department of Health and 

17 Human Services. Each report required to be pub18 lished under this subsection shall include— 

19 (A) an evaluation of the programs and ac20 tivities conducted, and the services provided, 

21 with the grant funds awarded under such sec22 tion for fiscal years 2007 through 2011, in the 

23 case of the evaluation required by December 31, 

24 2012, and for fiscal years 2012 through 2016, 


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1 in the case of the evaluation required by De2 cember 31, 2017; 

3 (B) an analysis of the regional partner4 ships awarded such grants that have, and have 

5 not, been successful in achieving the goals and 

6 outcomes specified in their grant applications 

7 and with respect to the performance indicators 

8 established by the Secretary under paragraph 

9 (8) of such section that are applicable to their 

10 grant awards; and 

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

12 grants have been successful in addressing the 

13 needs of families with methamphetamine or 

14 other substance abuse problems who come to 

15 the attention of the child welfare system and in 

16 achieving the goals of child safety, permanence, 

17 and family stability. 

18 SEC. 104. COURT IMPROVEMENT PROGRAM. 

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

20 Security Act (42 U.S.C. 629h(a)) is amended— 

21 (1) in paragraph (2)— 

22 (A) in subparagraph (A), by striking ‘‘; 

23 and’’ and inserting ‘‘, including the require24 ments in the Act related to concurrent plan25 ning;’’; 


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1 (B) in subparagraph (B), by adding ‘‘and’’ 

2 at the end; and 

3 (C) by adding at the end the following: 

4 ‘‘(C) to increase and improve engagement 

5 of the entire family in court processes relating 

6 to child welfare, family preservation, family re7 unification, and adoption;’’; and 

8 (2) in paragraph (4)— 

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

10 (B) by adding after and below the end the 

11 following: 

12 ‘‘(B) to increase and improve engagement 

13 of the entire family in court processes relating 

14 to child welfare, family preservation, family re15 unification, and adoption;’’. 

16 (b) SINGLE GRANT APPLICATION.—Section 

17 438(b)(2) of such Act (42 U.S.C. 629h(b)(2)) is amended 

18 to read as follows: 

19 ‘‘(2) SINGLE GRANT APPLICATION.—Pursuant 

20 to the requirements under paragraph (1) of this sub21 section, a highest State court desiring a grant under 

22 this section shall submit a single application to the 

23 Secretary that specifies whether the application is 

24 for a grant for— 


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1 ‘‘(A) the purposes described in paragraphs 

2 (1) and (2) of subsection (a); 

3 ‘‘(B) the purpose described in subsection 

4 (a)(3); 

5 ‘‘(C) the purpose described in subsection 

6 (a)(4); or 

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

8 (specifically identified) of subparagraphs (A), 

9 (B), and (C) of this paragraph.’’. 

10 (c) AMOUNT OF GRANT.—Section 438(c) of such Act 

11 (42 U.S.C. 629h(c)) is amended to read as follows: 

12 ‘‘(c) AMOUNT OF GRANT.— 

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

14 subparagraphs (A), (B), and (C) of subsection (b)(2) 

15 that refers to 1 or more grant purposes for which 

16 an application of a highest State court is approved 

17 under this section, the court shall be entitled to pay18 ment, for each of fiscal years 2012 through 2016, 

19 from the amount allocated under paragraph (3) of 

20 this subsection for grants for the purpose or pur21 poses, of an amount equal to $85,000 plus the 

22 amount described in paragraph (2) of this subsection 

23 with respect to the purpose or purposes. 

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1 spect to the purpose or purposes referred to in a 

2 subparagraph of subsection (b)(2) is the amount 

3 that bears the same ratio to the total of the amounts 

4 allocated under paragraph (3) of this subsection for 

5 grants for the purpose or purposes as the number of 

6 individuals in the State who have not attained 21 

7 years of age bears to the total number of such indi8 viduals in all States the highest State courts of 

9 which have approved applications under this section 

10 for grants for the purpose or purposes. 

11 ‘‘(3) ALLOCATION OF FUNDS.— 

12 ‘‘(A) MANDATORY FUNDS.—Of the 

13 amounts reserved under section 436(b)(2) for 

14 any fiscal year, the Secretary shall allocate— 

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

16 purposes described in paragraphs (1) and 

17 (2) of subsection (a); 

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

19 purpose described in subsection (a)(3); 

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

21 purpose described in subsection (a)(4); and 

22 ‘‘(iv) $1,000,000 for grants to be 

23 awarded on a competitive basis among the 

24 highest courts of Indian tribes or tribal 

25 consortia that— 


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1 ‘‘(I) are operating a program 

2 under part E, in accordance with sec3 tion 479B; 

4 ‘‘(II) are seeking to operate a 

5 program under part E and have re6 ceived an implementation grant under 

7 section 476; or 

8 ‘‘(III) has a court responsible for 

9 proceedings related to foster care or 

10 adoption. 

11 ‘‘(B) DISCRETIONARY FUNDS.—The Sec12 retary shall allocate all of the amounts reserved 

13 under section 437(b)(2) for grants for the pur14 poses described in paragraphs (1) and (2) of 

15 subsection (a).’’. 

16 (d) EXTENSION OF FEDERAL SHARE.—Section 

17 438(d) of such Act (42 U.S.C. 629h(d)) is amended by 

18 striking ‘‘2002 through 2011’’ and inserting ‘‘2012 

19 through 2016’’. 

20 (e) TECHNICAL CORRECTION.—Effective as if in21 cluded in the enactment of the Safe and Timely Interstate 

22 Placement of Foster Children Act of 2006, section 8(b) 

23 of such Act (120 Stat. 513) is amended by striking 

24 ‘‘438(b) of such Act (42 U.S.C. 638(b))’’ and inserting 

25 ‘‘438(b)(1) of such Act (42 U.S.C. 629h(b)(1))’’. 


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1 SEC. 105. DATA STANDARDIZATION FOR IMPROVED DATA 

2 MATCHING. 

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

4 Security Act (42 U.S.C. 621–629i) is amended by adding 

5 at the end the following: 

6 ‘‘Subpart 3—Common Provisions 

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

8 MATCHING. 

9 ‘‘(a) STANDARD DATA ELEMENTS.— 

10 ‘‘(1) DESIGNATION.—The Secretary, in con11 sultation with an interagency work group established 

12 by the Office of Management and Budget, and con13 sidering State perspectives, shall, by rule, designate 

14 standard data elements for any category of informa15 tion required to be reported under this part. 

16 ‘‘(2) DATA ELEMENTS MUST BE NONPROPRI17 ETARY AND INTEROPERABLE.—The standard data 

18 elements designated under paragraph (1) shall, to 

19 the extent practicable, be nonproprietary and inter20 operable. 

21 ‘‘(3) OTHER REQUIREMENTS.—In designating 

22 standard data elements under this subsection, the 

23 Secretary shall, to the extent practicable, incor24 porate— 

25 ‘‘(A) interoperable standards developed 

26 and maintained by an international voluntary 


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1 consensus standards body, as defined by the Of2 fice of Management and Budget, such as the 

3 International Organization for Standardization; 

4 ‘‘(B) interoperable standards developed 

5 and maintained by intergovernmental partner6 ships, such as the National Information Ex7 change Model; and 

8 ‘‘(C) interoperable standards developed 

9 and maintained by Federal entities with author10 ity over contracting and financial assistance, 

11 such as the Federal Acquisition Regulatory 

12 Council. 

13 ‘‘(b) DATA STANDARDS FOR REPORTING.— 

14 ‘‘(1) DESIGNATION.—The Secretary, in con15 sultation with an interagency work group established 

16 by the Office of Management and Budget, and con17 sidering State government perspectives, shall, by 

18 rule, designate data reporting standards to govern 

19 the reporting required under this part. 

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

21 standards required by paragraph (1) shall, to the ex22 tent practicable— 

23 ‘‘(A) incorporate a widely accepted, non24 proprietary, searchable, computer-readable for25 mat; 


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1 ‘‘(B) be consistent with and implement ap2 plicable accounting principles; and 

3 ‘‘(C) be capable of being continually up4 graded as necessary. 

5 ‘‘(3) INCORPORATION OF NONPROPRIETARY

6 STANDARDS.—In designating reporting standards 

7 under this subsection, the Secretary shall, to the ex8 tent practicable, incorporate existing nonproprietary 

9 standards, such as the eXtensible Business Report10 ing Language.’’. 

11 (b) EFFECTIVE DATE.—The amendment made by 

12 subsection (a) shall take effect on October 1, 2012, and 

13 shall apply with respect to information required to be re14 ported on or after such date. 

15 SEC. 106. PROVISIONS RELATING TO FOSTER CARE OR 

16 ADOPTION. 

17 (a) EDUCATIONAL STABILITY FOR EACH FOSTER

18 PLACEMENT.—Section 475(1)(G) of the Social Security 

19 Act (42 U.S.C. 675(1)(G)) is amended— 

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

21 and inserting ‘‘each placement’’; and 

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

23 ‘‘placement’’. 

24 (b) FOSTER YOUTH ID THEFT.—Section 475(5) of 

25 such Act (42 U.S.C. 675(5)) is amended— 


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1 (1) by striking ‘‘and’’ at the end of subpara2 graph (G); 

3 (2) by striking the period at the end of sub4 paragraph (H) and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(I) each child in foster care under the re7 sponsibility of the State who has attained 16 

8 years of age receives without cost a copy of any 

9 consumer report (as defined in section 603(d) 

10 of the Fair Credit Reporting Act) pertaining to 

11 the child each year until the child is discharged 

12 from care, and receives assistance (including, 

13 when feasible, from any court-appointed advo14 cate for the child) in interpreting and resolving 

15 any inaccuracies in the report.’’. 

16 (c) DESCRIPTION OF ADOPTION SPENDING.—Section 

17 473(a)(8) of such Act (42 U.S.C. 673(a)(8)) is amended 

18 by inserting ‘‘, and shall document how such amounts are 

19 spent, including on post-adoption services’’ before the pe20 riod. 

21 (d) INCLUSION IN ANNUAL REPORT OF ADDITIONAL

22 INFORMATION ON CHILD VISITATION BY CASE23 WORKERS.—Section 479A(6) of such Act (42 U.S.C. 

24 679b(6)) is amended— 


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1 (1) by striking ‘‘and’’ at the end of subpara2 graph (A); and 

3 (2) by redesignating subparagraph (B) as sub4 paragraph (C) and inserting after subparagraph (A) 

5 the following: 

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

7 caseworkers on a monthly basis to children in 

8 foster care under the responsibility of the State 

9 during a fiscal year as a percentage of the total 

10 number of the visits that would occur during 

11 the fiscal year if each child were so visited once 

12 every month while in such care; and’’. 

13 SEC. 107. EFFECTIVE DATE. 

14 (a) IN GENERAL.—Except as otherwise provided in 

15 this title, this title and the amendments made by this title 

16 shall take effect on October 1, 2011, and shall apply to 

17 payments under parts B and E of title IV of the Social 

18 Security Act for calendar quarters beginning on or after 

19 such date, without regard to whether regulations to imple20 ment the amendments are promulgated by such date. 

21 (b) DELAY PERMITTED IF STATE LEGISLATION RE22 QUIRED.—If the Secretary of Health and Human Services 

23 determines that State legislation (other than legislation 

24 appropriating funds) is required in order for a State plan 

25 developed pursuant to subpart 1 of part B, or a State plan 


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1 approved under subpart 2 of part B or part E, of title 

2 IV of the Social Security Act to meet the additional re3 quirements imposed by the amendments made by this title, 

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

5 the additional requirements before the 1st day of the 1st 

6 calendar quarter beginning after the first regular session 

7 of the State legislature that begins after the date of the 

8 enactment of this Act. If the State has a 2-year legislative 

9 session, each year of the session is deemed to be a separate 

10 regular session of the State legislature. 

11 TITLE II—CHILD WELFARE 

12 DEMONSTRATION PROJECTS 

13 SEC. 201. RENEWAL OF AUTHORITY TO APPROVE DEM14 ONSTRATION PROJECTS DESIGNED TO TEST 

15 INNOVATIVE STRATEGIES IN STATE CHILD 

16 WELFARE PROGRAMS. 

17 Section 1130 of the Social Security Act (42 U.S.C. 

18 1320a–9) is amended— 

19 (1) in subsection (a)— 

20 (A) by amending paragraph (2) to read as 

21 follows: 

22 ‘‘(2) LIMITATION.—During fiscal years 2012 

23 through 2014, the Secretary may authorize dem24 onstration projects described in paragraph (1), with 


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1 not more than 10 demonstration projects to be au2 thorized in each fiscal year.’’. 

3 (B) by striking paragraph (3) and insert4 ing the following: 

5 ‘‘(3) CONDITIONS FOR STATE ELIGIBILITY.— 

6 For purposes of a new demonstration project under 

7 this section that is initially approved in any of fiscal 

8 years 2012 through 2014, a State shall be author9 ized to conduct such demonstration project only if 

10 the State satisfies the following conditions: 

11 ‘‘(A) IDENTIFY 1 OR MORE GOALS.— 

12 ‘‘(i) IN GENERAL.—The State shall 

13 demonstrate that the demonstration 

14 project is designed to accomplish 1 or more 

15 of the following goals: 

16 ‘‘(I) Increase permanency for all 

17 infants, children, and youth by reduc18 ing the time in foster placements 

19 when possible and promoting a suc20 cessful transition to adulthood for 

21 older youth. 

22 ‘‘(II) Increase positive outcomes 

23 for infants, children, youth, and fami24 lies in their homes and communities, 

25 including tribal communities, and imVerDate Mar 15 2010 22:48 Sep 12, 2011 Jkt 099200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1542.IS S1542

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1 prove the safety and well-being of in2 fants, children, and youth. 

3 ‘‘(III) Prevent child abuse and 

4 neglect and the re-entry of infants, 

5 children, and youth into foster care. 

6 ‘‘(ii) LONG-TERM THERAPEUTIC FAM7 ILY TREATMENT CENTERS; ADDRESSING

8 DOMESTIC VIOLENCE.—With respect to a 

9 demonstration project that is designed to 

10 accomplish 1 or more of the goals de11 scribed in clause (i), the State may elect to 

12 establish a program— 

13 ‘‘(I) to permit foster care mainte14 nance payments to be made under 

15 part E of title IV to a long-term 

16 therapeutic family treatment center 

17 (as described in paragraph (8)(B)) on 

18 behalf of a child residing in the cen19 ter; or 

20 ‘‘(II) to identify and address do21 mestic violence that endangers chil22 dren and results in the placement of 

23 children in foster care. 

24 ‘‘(B) DEMONSTRATE READINESS.—The 

25 State shall demonstrate through a narrative deVerDate Mar 15 2010 22:48 Sep 12, 2011 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1542.IS S1542

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1 scription the State’s capacity to effectively use 

2 the authority to conduct a demonstration 

3 project under this section by identifying 

4 changes the State has made or plans to make 

5 in policies, procedures, or other elements of the 

6 State’s child welfare program that will enable 

7 the State to successfully achieve the goal or 

8 goals of the project. 

9 ‘‘(C) DEMONSTRATE IMPLEMENTED OR

10 PLANNED CHILD WELFARE PROGRAM IMPROVE11 MENT POLICIES.— 

12 ‘‘(i) IN GENERAL.—The State shall 

13 demonstrate that the State has imple14 mented, or plans to implement within 3 

15 years of the date on which the State sub16 mits its application to conduct the dem17 onstration project or 2 years after the date 

18 on which the Secretary approves such dem19 onstration project (whichever is later), at 

20 least 2 of the child welfare program im21 provement policies described in paragraph 

22 (7). 

23 ‘‘(ii) PREVIOUS IMPLEMENTATION.— 

24 For purposes of the requirement described 

25 in clause (i), at least 1 of the child welfare 


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1 program improvement policies to be imple2 mented by the State shall be a policy that 

3 the State has not previously implemented 

4 as of the date on which the State submits 

5 an application to conduct the demonstra6 tion project. 

7 ‘‘(iii) IMPLEMENTATION REVIEW.— 

8 The Secretary may terminate the authority 

9 of a State to conduct a demonstration 

10 project under this section if, after the 3- 

11 year period following approval of the dem12 onstration project, the State has not made 

13 significant progress in implementing the 

14 child welfare program improvement policies 

15 proposed by the State under clause (i).’’; 

16 (C) in paragraph (5), by inserting ‘‘and 

17 the ability of the State to implement a correc18 tive action plan approved under section 1123A’’ 

19 before the period; and 

20 (D) by adding at the end the following: 

21 ‘‘(6) INAPPLICABILITY OF RANDOM ASSIGN22 MENT FOR CONTROL GROUPS AS A FACTOR FOR AP23 PROVAL OF DEMONSTRATION PROJECTS.—For pur24 poses of evaluating an application to conduct a dem25 onstration project under this section, the Secretary 


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1 shall not take into consideration whether such 

2 project requires random assignment of children and 

3 families to groups served under the project and to 

4 control groups. 

5 ‘‘(7) CHILD WELFARE PROGRAM IMPROVEMENT

6 POLICIES.—For purposes of paragraph (3)(C), the 

7 child welfare program improvement policies de8 scribed in this paragraph are the following: 

9 ‘‘(A) The establishment of a bill of rights 

10 for infants, children, and youth in foster care 

11 that is widely shared and clearly outlines pro12 tections for infants, children, and youth, such 

13 as assuring frequent visits with parents, sib14 lings, and caseworkers, access to attorneys, and 

15 participation in age-appropriate extracurricular 

16 activities, and procedures for ensuring the pro17 tections are provided. 

18 ‘‘(B) The development and implementation 

19 of a plan for meeting the health and mental 

20 health needs of infants, children, and youth in 

21 foster care that includes ensuring that the pro22 vision of health and mental health care is child23 specific, comprehensive, appropriate, and con24 sistent (through means such as ensuring the in25 fant, child, or youth has a medical home, regVerDate Mar 15 2010 22:48 Sep 12, 2011 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S1542.IS S1542

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1 ular wellness medical visits, and addressing the 

2 issue of trauma, when appropriate). 

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

4 section 471 of an amendment implementing the 

5 option under subsection (a)(28) of that section 

6 to enter into kinship guardianship assistance 

7 agreements. 

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

9 under section 471 to define a ‘child’ for pur10 poses of the provision of foster care mainte11 nance payments, adoption assistance payments, 

12 and kinship guardianship assistance payments, 

13 so as to include individuals described in each of 

14 subclauses (I), (II), and (III) of section 

15 475(8)(B)(i) who have not attained age 21. 

16 ‘‘(E) The development and implementation 

17 of a plan that ensures congregate care is used 

18 appropriately and reduces the placement of chil19 dren and youth in such care. 

20 ‘‘(F) Of those infants, children, and youth 

21 in out-of-home placements, substantially in22 creasing the number of cases of siblings who 

23 are in the same foster care, kinship guardian24 ship, or adoptive placement, above the number 

25 of such cases in fiscal year 2008. 


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1 ‘‘(G) The development and implementation 

2 of a plan to improve the recruitment and reten3 tion of high quality foster family homes trained 

4 to help assist infants, children, and youth swift5 ly secure permanent families. Supports for fos6 ter families under such a plan may include in7 creasing maintenance payments to more ade8 quately meet the needs of infants, children, and 

9 youth in foster care and expanding training, 

10 respite care, and other support services for fos11 ter parents. 

12 ‘‘(H) The establishment of procedures de13 signed to assist youth as they prepare for their 

14 transition out of foster care, such as arranging 

15 for participation in age-appropriate extra-cur16 ricular activities, providing appropriate access 

17 to cell phones, computers, and opportunities to 

18 obtain a driver’s license, providing notification 

19 of all sibling placements if siblings are in care 

20 and sibling location if siblings are out of care, 

21 and providing counseling and financial support 

22 for post-secondary education. 

23 ‘‘(I) The inclusion in the State plan under 

24 section 471 of a description of State procedures 

25 for— 


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1 ‘‘(i) ensuring that youth in foster care 

2 who have attained age 16 are engaged in 

3 discussions, including during the develop4 ment of the transition plans required 

5 under paragraphs (1)(D) and (5)(H) of 

6 section 475, that explore whether the 

7 youth wishes to reconnect with the youth’s 

8 biological family, including parents, grand9 parents, and siblings, and, if so, what skills 

10 and strategies the youth will need to suc11 cessfully and safely reconnect with those 

12 family members; 

13 ‘‘(ii) providing appropriate guidance 

14 and services to youth whom affirm an in15 tent to reconnect with biological family 

16 members on how to successfully and safely 

17 manage such reconnections; and 

18 ‘‘(iii) making, when appropriate, ef19 forts to include biological family members 

20 in such reconnection efforts. 

21 ‘‘(J) The establishment of one or more of 

22 the following programs designed to prevent in23 fants, children, and youth from entering foster 

24 care or to provide permanency for infants, chil25 dren, and youth in foster care: 


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1 ‘‘(i) An intensive family finding pro2 gram. 

3 ‘‘(ii) A kinship navigator program. 

4 ‘‘(iii) A family counseling program, 

5 such as a family group decision-making 

6 program, and which may include in-home 

7 peer support for families. 

8 ‘‘(iv) A comprehensive family-based 

9 substance abuse treatment program. 

10 ‘‘(v) A program under which special 

11 efforts are made to identify and address 

12 domestic violence that endangers infants, 

13 children, and youth and puts them at risk 

14 of entering foster care. 

15 ‘‘(vi) A mentoring program. 

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

17 ‘‘(A) the term ‘youth’ means, with respect 

18 to a State, an individual who has attained age 

19 12 but has not attained the age at which an in20 dividual is no longer considered to be a child 

21 under the State plans under parts B and E of 

22 title IV, and 

23 ‘‘(B) the term ‘long-term therapeutic fam24 ily treatment center’ means a State licensed or 

25 certified program that enables parents and their 


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1 children to live together in a safe environment 

2 for a period of not less than 6 months and pro3 vides, on-site or by referral, substance abuse 

4 treatment services, children’s early intervention 

5 services, family counseling, legal services, med6 ical care, mental health services, nursery and 

7 preschool, parenting skills training, pediatric 

8 care, prenatal care, sexual abuse therapy, re9 lapse prevention, transportation, and job or vo10 cational training or classes leading to a sec11 ondary school diploma or a certificate of general 

12 equivalence.’’; 

13 (2) by striking subsection (d) and inserting the 

14 following: 

15 ‘‘(d) DURATION OF DEMONSTRATION.— 

16 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

17 demonstration project under this section may be 

18 conducted for not more than 5 years, unless in the 

19 judgment of the Secretary, the demonstration 

20 project should be allowed to continue. 

21 ‘‘(2) TERMINATION OF AUTHORITY.—In no 

22 event shall a demonstration project under this sec23 tion be conducted after September 30, 2019.’’; 

24 (3) in subsection (e)— 


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1 (A) in paragraph (1), by striking ‘‘(which 

2 shall provide,’’ and all that follows up to the 

3 semicolon; 

4 (B) by striking ‘‘and’’ at the end of para5 graph (6); 

6 (C) by redesignating paragraph (7) as 

7 paragraph (8); and 

8 (D) by inserting after paragraph (6) the 

9 following: 

10 ‘‘(7) an accounting of any additional Federal, 

11 State, and local investments made, as well as any 

12 private investments made in coordination with the 

13 State, during the 2 fiscal years preceding the appli14 cation to provide the services described in paragraph 

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

16 accounting of that same spending for each year of 

17 an approved demonstration project; and’’; 

18 (4) by redesignating subsection (g) as sub19 section (h); 

20 (5) by striking subsection (f) and inserting the 

21 following: 

22 ‘‘(f) EVALUATIONS.—Each State authorized to con23 duct a demonstration project under this section shall ob24 tain an evaluation by an independent contractor of the efVerDate Mar 15 2010 22:48 Sep 12, 2011 Jkt 099200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S1542.IS S1542

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1 fectiveness of the project, using an evaluation design ap2 proved by the Secretary which provides for— 

3 ‘‘(1) comparison of methods of service delivery 

4 under the project, and such methods under a State 

5 plan or plans, with respect to efficiency, economy, 

6 and any other appropriate measures of program 

7 management; 

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

9 families (and groups of children and families) under 

10 the project, and such outcomes under a State plan 

11 or plans, for purposes of assessing the effectiveness 

12 of the project in achieving program goals; and 

13 ‘‘(3) any other information that the Secretary 

14 may require. 

15 ‘‘(g) REPORTS.— 

16 ‘‘(1) STATE REPORTS; PUBLIC AVAILABILITY.— 

17 Each State authorized to conduct a demonstration 

18 project under this section shall— 

19 ‘‘(A) submit periodic reports to the Sec20 retary on the specific programs, activities, and 

21 strategies used to improve outcomes for infants, 

22 children, youth, and families and the results 

23 achieved for infants, children, and youth during 

24 the conduct of the demonstration project, in25 cluding with respect to those infants, children, 


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1 and youth who are prevented from entering fos2 ter care, infants, children, and youth in foster 

3 care, and infants, children, and youth who move 

4 from foster care to permanent families; and 

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

6 the Web site for the State child welfare pro7 gram concurrent with the submission of the re8 port to the Secretary. 

9 ‘‘(2) REPORTS TO CONGRESS.—The Secretary 

10 shall submit to the Committee on Ways and Means 

11 of the House of Representatives and the Committee 

12 on Finance of the Senate— 

13 ‘‘(A) periodic reports based on the State 

14 reports submitted under paragraph (1); and 

15 ‘‘(B) a report based on the results of the 

16 State evaluations required under subsection (f) 

17 that includes an analysis of the results of such 

18 evaluations and such recommendations for ad19 ministrative or legislative changes as the Sec20 retary determines appropriate.’’; and 

21 (6) by adding at the end the following: 

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

23 CONSIDERED STATES.—An Indian tribe, tribal organiza24 tion, or tribal consortium that has elected to operate a 

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1 tion 479B shall be considered a State for purposes of this 

2 section.’’. 

3 TITLE III—BUDGET PROVISIONS 

4 SEC. 301. BUDGETARY EFFECTS. 

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

6 complying with the Statutory Pay-As-You-Go Act of 2010, 

7 shall be determined by reference to the latest statement 

8 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

9 Act, submitted for printing in the Congressional Record 

10 by the Chairman of the Senate Budget Committee, pro11 vided that such statement has been submitted prior to the 

12 vote on passage. 

Æ 


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