```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1509 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1509

To provide incentives for States to improve the well-being of children 
 in the child welfare system through systemic reforms and innovations, 
 increased collaboration between State agencies, and incorporation of 
                  higher standards of accountability.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 2, 2011

   Mr. Wyden introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To provide incentives for States to improve the well-being of children 
 in the child welfare system through systemic reforms and innovations, 
 increased collaboration between State agencies, and incorporation of 
                  higher standards of accountability.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Accountability and 
Excellence in Child Welfare Act of 2011''.

SEC. 2. CHILD WELFARE INNOVATION GRANT PROGRAM.

    (a) In General.--The Secretary shall establish a child welfare 
innovation grant program (referred to in this section as the ``grant 
program'') that provides eligible entities with the necessary 
flexibility and financial incentives to implement comprehensive reforms 
to existing child welfare programs under parts B and E of title IV of 
the Social Security Act (42 U.S.C. 621 et seq., 42 U.S.C. 670 et seq.) 
in order to--
            (1) achieve significant results that improve the well-being 
        of all children in the child welfare system; and
            (2) incorporate higher standards of accountability for 
        State and local agencies and organizations that provide child 
        welfare services.
    (b) Eligible Entities.--For purposes of this section, an eligible 
entity shall include any State or political subdivision of a State that 
submits an application pursuant to the requirements described in 
subsection (e).
    (c) Duration.--
            (1) In general.--For purposes of carrying out the goals 
        described in subsection (a), the Secretary shall award grants, 
        as well as additional financial assistance (as determined under 
        subsection (d)), to eligible entities that have submitted an 
        application that has been approved by the Secretary. The amount 
        of the grant provided to the eligible entity shall be 
        determined by the Secretary and, subject to paragraph (2), 
        remain available for use by the eligible entity for a period of 
        5 years.
            (2) Implementation requirement.--The Secretary may 
        terminate a grant awarded to an eligible entity under paragraph 
        (1) if, during the 3-year period following the awarding of the 
        grant, the eligible entity has not made appropriate progress in 
        implementing the intervention services and reforms proposed by 
        the entity under subsection (e)(1), as determined by the 
        Secretary pursuant to the applicable implementation standards 
        described under subsection (f)(1).
            (3) Renewal of grants.--
                    (A) In general.--Subject to subparagraph (B), if an 
                eligible entity has made significant progress in 
                achieving the child well-being results proposed by the 
                entity under subsection (e)(1), as determined by the 
                Secretary pursuant to the applicable implementation 
                standards and performance measures described under 
                subsection (f), the Secretary may award an additional 
                grant to the eligible entity for a period of not 
                greater than 5 years.
                    (B) Re-application by eligible entity.--For 
                purposes of receiving an additional grant under this 
                paragraph, the eligible entity shall, not less than 6 
                months prior to expiration of the initial grant 
                described in paragraph (1), submit to the Secretary an 
                application at such time, in such manner, and 
                containing such information as the Secretary may 
                require.
            (4) Minimum funding requirement.--
                    (A) In general.--For purposes of receiving a grant 
                under this section, the eligible entity shall be 
                required to annually expend non-Federal funds for 
                purposes of achieving the child well-being results 
                proposed by the entity under subsection (e)(1) in an 
                amount that is not less than--
                            (i) for the first year in which such a 
                        grant is awarded, 25 percent of the amount of 
                        the grant;
                            (ii) for the second year in which such a 
                        grant is awarded, 35 percent of the amount of 
                        the grant; and
                            (iii) for the third year and any subsequent 
                        year in which such a grant is awarded 
                        (including any year for which an additional 
                        grant has been awarded under paragraph (3)), 50 
                        percent of the amount of the grant.
                    (B) Non-federal share.--For purposes of 
                subparagraph (A), the eligible entity may provide the 
                non-Federal share in cash or in-kind, as fairly 
                evaluated by the Secretary. The eligible entity may 
                provide the non-Federal share from State, local, or 
                private sources.
    (d) Additional Financial Assistance.--The Secretary shall establish 
an inter-agency working group that includes representatives from the 
Department of Education, the Department of Labor, the Department of 
Justice, the Department of Housing and Urban Development, and other 
Federal agencies with responsibility for administering programs that 
affect the child welfare system, for the purpose of identifying 
existing Federal financial resources that may be used to provide 
supplemental funding to eligible entities that have been awarded grants 
under this section, including--
            (1) establishment of flexibility within existing Federal 
        financial resources;
            (2) dedicating a share of funds from existing Federal 
        programs, or creating a preference within such programs;
            (3) use of existing administrative authority to waive 
        certain State or Federal funding requirements, including waiver 
        authority provided under subsection (i);
            (4) commitment of appropriated discretionary funds;
            (5) creation of an aggregated source of funding through 
        bundling of existing Federal programs; and
            (6) establishment of partnerships with private entities, 
        including private foundations involved in child welfare issues.
    (e) Application.--An eligible entity that desires to participate in 
the grant program shall submit to the Secretary an application at such 
time, in such manner, and containing such information as the Secretary 
may require, which shall include a detailed description of the 
following:
            (1) Improved child well-being results.--The proposed 
        reforms and methods for achieving significant results that 
        improve the well-being of all children in the child welfare 
        system, including a detailed outline of--
                    (A) the specific populations or groups of children 
                and families that will be targeted under the grant 
                program;
                    (B) the specific child well-being results that will 
                be achieved during the periods described in subsection 
                (c);
                    (C) the specific methods through which the child 
                well-being results will be achieved under the grant 
                program, including proposals for intervention services 
                and strategic reforms to child welfare policy and 
                infrastructure; and
                    (D) the evidentiary basis or best practice models 
                on which such intervention services and reforms are to 
                be based.
            (2) Partnerships.--The partnerships to be established 
        between participating State and local agencies and 
        organizations under the grant program, including--
                    (A) a detailed outline regarding how the 
                partnership will establish a coordinated process for 
                delivery of services, sharing of information and data, 
                and division of specific responsibilities pursuant to 
                interagency agreements;
                    (B) the establishment of a memorandum of 
                understanding between participating State and local 
                agencies and organizations under the grant program to--
                            (i) provide for shared accountability in 
                        achieving child well-being results proposed 
                        under paragraph (1) and their specific 
                        responsibilities in achieving such results; and
                            (ii) satisfy the implementation standards 
                        established by the Secretary under subsection 
                        (f)(1); and
                    (C) certification by the chief executive officer of 
                the eligible entity of their commitment to--
                            (i) achieve the child well-being results 
                        proposed under paragraph (1) and their 
                        responsibility for achieving such results; and
                            (ii) satisfy the implementation standards 
                        established by the Secretary under subsection 
                        (f)(1).
            (3) Collaboration with children and parents.--The processes 
        to ensure collaboration between the eligible entity, foster 
        parents, biological parents, family members, kinship 
        caregivers, and children in the child welfare system in the 
        development and implementation of intervention services and 
        reforms under the grant program.
            (4) Data collection and reporting.--The approaches for 
        development of enhanced data collection and reporting, which 
        shall include--
                    (A) collection and reporting of relevant data (as 
                determined appropriate by the Secretary), with such 
                data to be disaggregated by race, ethnicity, and gender 
                in order to monitor progress in achieving child well-
                being results in providing services to specific 
                populations of children in the child welfare system;
                    (B) development and implementation of a specific 
                data collection plan, which shall include a description 
                of the types of data that will be collected by the 
                eligible entity (including data required by the 
                Secretary under subparagraph (A) that is not currently 
                collected by the entity) and the methods through which 
                such data will be obtained, such as surveys, 
                assessments, and other forms of data collection;
                    (C) a detailed outline regarding how data collected 
                by the eligible entity will be incorporated in the 
                development of intervention services and reforms under 
                the grant program; and
                    (D) certification by the manager or chief officer 
                for information technology for the eligible entity of 
                their commitment and ability to collect and report 
                relevant data under the grant program.
            (5) Support from private entities.--Any commitments by 
        private entities to provide additional funding for support of 
        activities under the grant program to improve the well-being of 
        children in the child welfare system.
    (f) Implementation Standards and Performance Measures.--
            (1) Implementation standards.--The Secretary shall 
        establish a set of implementation standards to annually 
        determine, for purposes of subsection (c), whether an eligible 
        entity has implemented, or made appropriate progress in 
        implementing, the intervention services and reforms proposed by 
        the entity under subsection (e)(1), including development, 
        implementation, and maintenance of data collection systems.
            (2) Performance measures.--
                    (A) In general.--The Secretary shall establish a 
                set of performance measures to annually determine, for 
                purposes of subsection (c), whether an eligible entity 
                has achieved, or made significant progress in 
                achieving, the child well-being results proposed by the 
                entity under subsection (e)(1), which shall include 
                measurements to quantify--
                            (i) improvements in the well-being of 
                        children in the child welfare system, 
                        including--
                                    (I) the base performance measures 
                                described in subparagraph (B); and
                                    (II) any additional performance 
                                measures described in subparagraph (C) 
                                that are applicable to the child well-
                                being results proposed by the entity; 
                                and
                            (ii) improvements in the overall quality of 
                        life for foster parents.
                    (B) Base performance measures.--The performance 
                measures described under this paragraph include the 
                number and percentage of children in the child welfare 
                system who--
                            (i) were under 5 years of age and at 
                        appropriate levels of mental, emotional, and 
                        physical development;
                            (ii) if deemed to be in the child's best 
                        interest, remained in his or her school of 
                        origin; and
                            (iii) received health screenings not later 
                        than 30 days after foster care placement.
                    (C) Additional performance measures.--Subject to 
                subparagraph (D), the Secretary shall establish 
                additional performance measures that are specifically 
                designed to measure progress in achieving the child 
                well-being results proposed by the eligible entity 
                under subsection (e)(1), which may include--
                            (i) the number and percentage of children 
                        in the child welfare system who--
                                    (I) were under 5 years of age and 
                                attended preschool or early care and 
                                education programs regularly;
                                    (II) were involved in an abuse or 
                                neglect investigation;
                                    (III) achieved grade-level 
                                proficiency in reading and math;
                                    (IV) attended school regularly;
                                    (V) were involved in the juvenile 
                                justice system;
                                    (VI) were prescribed psychotropic 
                                medication;
                                    (VII) graduated from high school on 
                                time;
                                    (VIII) entered post-secondary 
                                education or training;
                                    (IX) regularly received routine 
                                medical care and examinations;
                                    (X) were reunified with family;
                                    (XI) re-entered the child welfare 
                                system following family reunification; 
                                or
                                    (XII) had attained 14 years of age 
                                before entering the child welfare 
                                system;
                            (ii) measures to ensure proper functioning 
                        of the child welfare system, such as--
                                    (I) reasonableness of caseload 
                                levels for caseworkers; and
                                    (II) adequacy and frequency of 
                                visits with children by caseworkers; 
                                and
                            (iii) subject to approval by the Secretary, 
                        any performance measures that are proposed by 
                        the entity for determination of its progress 
                        towards achievement of the child well-being 
                        results.
                    (D) Consultation with eligible entity.--The 
                Secretary shall consult with the eligible entity for 
                purposes of establishing additional performance 
                measures under subparagraph (C) that are appropriate 
                for determination of progress in achieving the child 
                well-being results proposed by the entity under 
                subsection (e)(1).
    (g) Use of Grants by Eligible Entities.--An eligible entity that 
receives a grant under this section shall use the funds made available 
through the grant to develop, implement, and evaluate the intervention 
services and reforms proposed by the entity under subsection (e)(1), 
including development, implementation, and maintenance of data 
collection systems.
    (h) Annual Reporting.--
            (1) In general.--An eligible entity that receives a grant 
        under this section shall submit an annual report to the 
        Secretary on--
                    (A) the specific intervention services and reforms 
                implemented under the grant program;
                    (B) progress in achieving the child well-being 
                results proposed by the entity under subsection (e)(1), 
                including an analysis of the effectiveness of the grant 
                funding in achieving the results; and
                    (C) an analysis of the progress made by the 
                eligible entity over the preceding 12-month period 
                pursuant to the performance measures established by the 
                Secretary under subsection (f).
            (2) Public availability of reports and data.--An eligible 
        entity shall make available to the public, in a manner that is 
        also accessible to children in the child welfare system, 
        biological families, and foster parents--
                    (A) any report submitted to the Secretary under 
                paragraph (1); and
                    (B) a summary of the data collected pursuant to 
                subsection (e)(4)(A).
    (i) Waiver Authority.--The Secretary may waive such requirements 
under parts B and E of title IV of the Social Security Act (42 U.S.C. 
621 et seq., 42 U.S.C. 670 et seq.) as may be necessary to carry out 
the grant program.
    (j) Authorization of Appropriations.--For purposes of carrying out 
the grant program under this section, there is authorized to be 
appropriated--
            (1) for fiscal year 2013, $40,000,000;
            (2) for fiscal year 2014, $30,000,000;
            (3) for fiscal year 2015, $20,000,000; and
            (4) for each of fiscal years 2016 through 2022, 
        $10,000,000.
    (k) Definitions.--In this section:
            (1) Child well-being result.--The term ``child well-being 
        result'' means a desired condition of well-being for all 
        children in the child welfare system, including the specific 
        populations or groups of children that will be targeted under 
        the grant program.
            (2) School of origin.--The term ``school of origin'' means, 
        with respect to a child in foster care--
                    (A) the school in which the child was enrolled 
                prior to entry into foster care; or
                    (B) the school in which the child is enrolled when 
                a change in foster care placement occurs or is 
                proposed.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (4) State.--The term ``State'' means--
                    (A) any of the 50 States or the District of 
                Columbia;
                    (B) Puerto Rico, Guam, the Virgin Islands, or 
                American Samoa; or
                    (C) an Indian tribe, tribal organization, or tribal 
                consortium.
            (5) Well-being.--The term ``well-being'' means the overall 
        quality of life for a child in the child welfare system, which 
        shall include--
                    (A) the safety and health of the child;
                    (B) the mental, emotional, educational, and 
                physical development of the child, including the 
                ability of the child to maximize their individual 
                potential; and
                    (C) permanency and ability to transition to self-
                sufficiency after aging out of the child welfare 
                system.

SEC. 3. REPORTS TO CONGRESS.

    (a) Income Eligibility Requirements for Children in Foster Care.--
Not later than 90 days after the date of enactment of this Act, the 
Secretary of Health and Human Services (referred to in this section as 
the ``Secretary'') shall submit to Congress a report on recommendations 
for legislative or administrative action necessary to eliminate the 
requirement that a child be deemed to be a recipient of aid to families 
with dependent children under part A of title IV of the Social Security 
Act (as in effect as of July 16, 1996) (referred to in this section as 
the ``AFDC income eligibility requirements'') for purposes of foster 
care maintenance payments under section 472 of such Act (42 U.S.C. 
672), including an analysis of--
            (1) the effects of phasing out the AFDC income eligibility 
        requirements for adoption assistance payments under section 473 
        of the Social Security Act (42 U.S.C. 673), as enacted by 
        section 402 of the Fostering Connections to Success and 
        Increasing Adoptions Act of 2008 (Public Law 110-351; 122 Stat. 
        3975);
            (2) State administrative expenses related to the existing 
        disparity in Federal reimbursement rates for foster care 
        maintenance payments;
            (3) the level of services provided by States to children in 
        foster care that meet AFDC income eligibility requirements 
        under section 472 of the Social Security Act, and thereby 
        provide States with Federal reimbursement for foster care 
        maintenance payments under section 474 of such Act, as compared 
        to children in foster care that do not meet the AFDC income 
        eligibility requirements;
            (4) the long-term effects related to maintaining the AFDC 
        income eligibility requirements under section 472 of the Social 
        Security Act for purposes of the amount of overall Federal 
        funding that will be made available to States for foster care 
        services and the resulting impact on the ability of States to 
        provide adequate services to children in foster care; and
            (5) the feasability of eliminating the AFDC income 
        eligibility requirements for purposes of foster care 
        maintenance payments under section 472 of the Social Security 
        Act in a manner that is budget neutral, or at a limited cost to 
        the Federal Government, and the effect that such an elimination 
        would have on the ability of States to provide adequate levels 
        of services to all children in foster care.
    (b) Child Welfare Innovation Grant Program.--Not later than 180 
days after completion of the child welfare innovation grant program 
under section 2 of this Act, the Secretary shall submit to Congress a 
report analyzing the intervention services and reforms implemented by 
eligible entities under the grant program, the child well-being results 
achieved through such services and reforms, and recommendations for 
such legislation and administrative action as the Secretary determines 
appropriate.
                                 <all>
```