II 

109TH CONGRESS 

1ST SESSION S. 1679

To amend part E of title IV of the Social Security Act to strengthen 

courts for at-risk children, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 12, 2005

Mr. DEWINE (for himself and Mr. ROCKEFELLER) introduced the following 

bill; which was read twice and referred to the Committee on Finance 

A BILL

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

to strengthen courts for at-risk children, 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 ‘‘Working to Enhance 

5 Courts for At-Risk and Endangered Kids Act of 2005’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents of this Act is as follows:

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—COLLABORATION AMONG STATE IV–B AND IV–E 

AGENCY AND COURTS 
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Sec. 101. Collaboration on child and family services plans, child and family 

service reviews, program improvement plans, and court improvement program plans. 

Sec. 102. Multidisciplinary, broad-based State child welfare commissions. 

Sec. 103. Training for abuse and neglect court personnel. 

Sec. 104. Reservation of funds for collaboration support. 

TITLE II—OUTCOME PERFORMANCE STANDARDS FOR ABUSE 

AND NEGLECT COURTS 

Sec. 201. Outcome performance standards for abuse and neglect courts. 

TITLE III—COURT MODEL STANDARDS 

Sec. 301. Standards, training, and technical assistance for attorneys. 

Sec. 302. Loan forgiveness for attorneys who represent low-income families or 

individuals involved in the family or domestic relations court 

system. 

Sec. 303. Loan forgiveness to social workers who work for child protective 

agencies. 

Sec. 304. Reauthorization of court-appointed special advocate (CASA) programs and increased funding for expansion in rural and underserved urban areas. 

TITLE IV—CLARIFICATION ON STATE FLEXIBILITY FOR PUBLIC 

ACCESS TO COURTS 

Sec. 401. Clarification on State flexibility for public access to courts. 

TITLE V—COURT LEADERSHIP 

Sec. 501. Sense of the Senate regarding State court leadership. 

TITLE VI—SAFE AND TIMELY INTERSTATE PLACEMENT OF 

FOSTER CHILDREN 

Sec. 601. Sense of Congress. 

Sec. 602. Orderly and timely process for interstate placement of children. 

Sec. 603. Home studies. 

Sec. 604. Requirement to complete background checks before approval of any 

foster or adoptive placement and to check child abuse registries; grandfather of opt-out election; limited nonapplication. 

Sec. 605. Courts allowed access to the Federal parent locator service to locate 

parents in foster care or adoptive placement cases. 

Sec. 606. Caseworker visits. 

Sec. 607. Health and education records. 

Sec. 608. Right to be heard in foster care proceedings. 

Sec. 609. Court improvement. 

Sec. 610. Reasonable efforts. 

Sec. 611. Case plans. 

Sec. 612. Case review system. 

Sec. 613. Use of interjurisdictional resources. 

TITLE VII—EFFECTIVE DATE 

Sec. 701. Effective date.
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1 TITLE I—COLLABORATION 

2 AMONG STATE IV–B AND IV–E 

3 AGENCY AND COURTS 

4 SEC. 101. COLLABORATION ON CHILD AND FAMILY SERV5 ICES PLANS, CHILD AND FAMILY SERVICE RE6 VIEWS, PROGRAM IMPROVEMENT PLANS, 

7 AND COURT IMPROVEMENT PROGRAM 

8 PLANS. 

9 (a) IV–B STATE PLANS REQUIREMENT.—

10 (1) STATE PLANS FOR CHILD WELFARE SERV11 ICES.—Section 422(b) of the Social Security Act (42 

12 U.S.C. 622(b)) is amended—

13 (A) in paragraph (13), by striking ‘‘and’’ 

14 at the end; 

15 (B) in paragraph (14), by striking the pe16 riod at the end and inserting ‘‘; and’’; and 

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

18 ‘‘(15) provide that, not later than 3 years after 

19 the date of enactment of the Working to Enhance 

20 Courts for At-Risk and Endangered Kids Act of 

21 2005, the State agency responsible for administering 

22 the State plan under this subpart shall demonstrate 

23 to the Secretary evidence of substantial, ongoing, 

24 and meaningful collaboration among the State agen25 cy, State court leaders and abuse and neglect courts 
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1 located in the State, and Indian tribes and tribal or2 ganizations located in the State, with respect to the 

3 State plan under this subpart, the State plan under 

4 subpart 2, the State plan under part E, child and 

5 family services reviews required under section 1123A 

6 (including the development and implementation of a 

7 statewide assessment as part of the conformity re8 views and corrective action plans required under 

9 that section), and assessments and implementation 

10 of improvements required under section 438, 

11 through means such as—

12 ‘‘(A) meeting regularly to review policies 

13 and procedures; 

14 ‘‘(B) sharing data and information; 

15 ‘‘(C) providing joint training; and 

16 ‘‘(D) engaging in other ongoing efforts for 

17 improved decisions and outcomes for children 

18 receiving assistance or services funded under 

19 the programs authorized under this part and 

20 part E of this title.’’. 

21 (2) FAMILY PRESERVATION AND SUPPORT

22 SERVICES PLANS.—Section 432(a) of the Social Se23 curity Act (42 U.S.C. 629b(a)) is amended—

24 (A) in paragraph (8), by striking ‘‘and’’ at 

25 the end; 
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1 (B) in paragraph (9), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

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

4 ‘‘(10) provides that, not later than 3 years after 

5 the date of enactment of the Working to Enhance 

6 Courts for At-Risk and Endangered Kids Act of 

7 2005, the State agency responsible for administering 

8 the State plan under this subpart shall demonstrate 

9 to the Secretary evidence of substantial, ongoing, 

10 and meaningful collaboration among the State agen11 cy, State court leaders and abuse and neglect courts 

12 located in the State, and Indian tribes and tribal or13 ganizations located in the State, with respect to the 

14 State plan under this subpart, the State plan under 

15 subpart 1, the State plan under part E, child and 

16 family services reviews required under section 1123A 

17 (including the development and implementation of a 

18 statewide assessment as part of the conformity re19 views and corrective action plans required under 

20 that section), and assessments and implementation 

21 of improvements required under section 438, 

22 through means such as—

23 ‘‘(A) meeting regularly to review policies 

24 and procedures; 

25 ‘‘(B) sharing data and information; 
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1 ‘‘(C) providing joint training; and 

2 ‘‘(D) engaging in other ongoing efforts for 

3 improved decisions and outcomes for children 

4 receiving assistance or services funded under 

5 the programs authorized under this part and 

6 part E of this title.’’. 

7 (b) IV–E STATE PLAN REQUIREMENT.—Section 

8 471(a) of the Social Security Act (42 U.S.C. 671(a)) is 

9 amended—

10 (1) in paragraph (23)(B), by striking ‘‘and’’ at 

11 the end; 

12 (2) in paragraph (24), by striking the period at 

13 the end and inserting ‘‘; and’’; and 

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

15 ‘‘(25) provides that, not later than 3 years after 

16 the date of enactment of the Working to Enhance 

17 Courts for At-Risk and Endangered Kids Act of 

18 2005, the State agency responsible for administering 

19 the State plan under this part shall demonstrate to 

20 the Secretary evidence of substantial, ongoing, and 

21 meaningful collaboration among the State agency, 

22 State court leaders and abuse and neglect courts lo23 cated in the State, and Indian tribes and tribal orga24 nizations located in the State, with respect to the 

25 State plan under this part, the State plan under 
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1 subpart 1 of part B, the State plan under subpart 

2 2 of part B, child and family services reviews re3 quired under section 1123A (including the develop4 ment and implementation of a statewide assessment 

5 as part of the conformity reviews and corrective ac6 tion plans required under that section), and assess7 ments and implementation of improvements required 

8 under section 438, through means such as—

9 ‘‘(A) meeting regularly to review policies 

10 and procedures; 

11 ‘‘(B) sharing data and information; 

12 ‘‘(C) providing joint training; and 

13 ‘‘(D) engaging in other ongoing efforts for 

14 improved decisions and outcomes for children 

15 receiving assistance or services funded under 

16 the programs authorized under this part and 

17 part B of this title.’’. 

18 (c) CHILD AND FAMILY SERVICES PROGRAMS RE19 VIEW REQUIREMENT.—Section 1123A of the Social Secu20 rity Act (42 U.S.C. 1320a–2a) is amended by adding at 

21 the end the following: 

22 ‘‘(d) DEMONSTRATION OF COLLABORATION.—

23 ‘‘(1) IN GENERAL.—Not later than 3 years 

24 after the date of enactment of the Working to En25 hance Courts for At-Risk and Endangered Kids Act 
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1 of 2005, the regulations referred to in subsection (a) 

2 shall require the State agency responsible for admin3 istering the programs authorized under subpart 1 of 

4 part B of title IV, subpart 2 of part B of title IV, 

5 and part E of title IV to demonstrate to the Sec6 retary evidence of substantial, ongoing, and mean7 ingful collaboration among the State agency, State 

8 court leaders and abuse and neglect courts located 

9 in the State, and Indian tribes and tribal organiza10 tions located in the State, with respect to the child 

11 and family services reviews required under this sec12 tion (including the development and implementation 

13 of a statewide assessment as part of the conformity 

14 reviews and corrective action plans required under 

15 this section), the State plan under subpart 1 of part 

16 B of title IV, the State plan under subpart 2 of part 

17 B of title IV, the State plan under part E of title 

18 IV, and assessments and implementation of improve19 ments required under section 438, through means 

20 such as—

21 ‘‘(A) meeting regularly to review policies 

22 and procedures; 

23 ‘‘(B) sharing data and information; 

24 ‘‘(C) providing joint training; and 
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1 ‘‘(D) engaging in other ongoing efforts for 

2 improved decisions and outcomes for children 

3 receiving assistance or services funded under 

4 the programs authorized under parts B and E 

5 of title IV. 

6 ‘‘(2) DEFINITIONS.—In this subsection: 

7 ‘‘(A) ABUSE AND NEGLECT COURTS.—The 

8 term ‘abuse and neglect courts’ has the mean9 ing given that term in section 475(8). 

10 ‘‘(B) INDIAN TRIBE.—The term ‘Indian 

11 tribe’ has the meaning given that term in sec12 tion 102(2) of the Federally Recognized Indian 

13 Tribe List Act of 1994 (25 U.S.C. 479a(2)). 

14 ‘‘(C) TRIBAL ORGANIZATION.—The term 

15 ‘tribal organization’ has the meaning given that 

16 term in section 4(l) of the Indian Self-Deter17 mination and Education Assistance Act (25 

18 U.S.C. 450b(l).’’. 

19 (d) COURT IMPROVEMENT PROGRAM REQUIRE20 MENT.—Section 438 of the Social Security Act (42 U.S.C. 

21 629h) is amended by adding at the end the following: 

22 ‘‘(e) DEMONSTRATION OF COLLABORATION.—Begin23 ning on the date that is 3 years after the date of enact24 ment of the Working to Enhance Courts for At-Risk and 

25 Endangered Kids Act of 2005, the highest State court in 
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1 a State shall not be eligible for a grant under this section 

2 with respect to any fiscal year beginning on or after such 

3 date (or to continue to receive funding under a grant 

4 awarded under this section prior to such date), unless the 

5 court demonstrates to the Secretary evidence of substan6 tial, ongoing, and meaningful collaboration among the 

7 State court leaders and abuse and neglect courts located 

8 in the State, the State agency responsible for admin9 istering the State plans under this subpart, subpart 1, and 

10 part E, and Indian tribes and tribal organizations located 

11 in the State with respect to the development and conduct 

12 of the assessments required under this section, the imple13 mentation of the improvements deemed necessary as a re14 sult of such assessments, the child and family services re15 views required under section 1123A (including the devel16 opment and implementation of a statewide assessment as 

17 part of the conformity reviews and corrective action plans 

18 required under that section), and the State plans under 

19 subpart 1 of part B of title IV, subpart 2 of part B of 

20 title IV, and part E of title IV. Demonstration of such 

21 collaboration may be made through means such as—

22 ‘‘(1) meeting regularly to review policies and 

23 procedures; 

24 ‘‘(2) sharing data and information; 

25 ‘‘(3) providing joint training; and 
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1 ‘‘(4) engaging in other ongoing efforts for im2 proved decisions and outcomes for children receiving 

3 assistance or services funded under the programs 

4 authorized under parts B and E of title IV.’’. 

5 (d) DEFINITIONS OF ABUSE AND NEGLECT COURT; 

6 INDIAN TRIBE; TRIBAL ORGANIZATION.—

7 (1) IN GENERAL.—Section 475 of the Social 

8 Security Act (42 U.S.C. 675) is amended by adding 

9 at the end the following: 

10 ‘‘(8) The term ‘abuse and neglect courts’ means 

11 the State, local, and tribal courts that carry out 

12 State, local, or tribal laws requiring proceedings 

13 (conducted by or under the supervision of the 

14 courts)—

15 ‘‘(A) that implement part B or part E of 

16 this title (including preliminary disposition of 

17 such proceedings); 

18 ‘‘(B) that determine whether a child was 

19 abused or neglected; 

20 ‘‘(C) that determine the advisability or ap21 propriateness of foster care placement; or 

22 ‘‘(D) that determine any other legal dis23 position of a child in the abuse and neglect 

24 court system. 
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1 ‘‘(9) The term ‘Indian tribe’ has the meaning 

2 given that term in section 102(2) of the Federally 

3 Recognized Indian Tribe List Act of 1994 (25 

4 U.S.C. 479a(2)). 

5 ‘‘(10) The term ‘tribal organization’ has the 

6 meaning given that term in section 4(l) of the In7 dian Self-Determination and Education Assistance 

8 Act (25 U.S.C. 450b(l).’’. 

9 (2) CONFORMING AMENDMENTS.—

10 (A) Section 428(c) of the Social Security 

11 Act (42 U.S.C. 628) is amended by striking ‘‘by 

12 subsections (e) and (l) of section 4 of the In13 dian Self-Determination and Education Assist14 ance Act (25 U.S.C. 450b), respectively’’ and 

15 inserting ‘‘in paragraphs (9) and (10), respec16 tively, of section 475’’. 

17 (B) Section 431(a) of the Social Security 

18 Act (42 U.S.C. 629a(a)(6)) is amended by 

19 striking paragraphs (5) and (6) and inserting 

20 the following: 

21 ‘‘(5) TRIBAL ORGANIZATION.—The term ‘tribal 

22 organization’ has the meaning given that term in 

23 section 475(10). 

24 ‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’ 

25 has the meaning given that term in section 475(9).’’. 
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1 SEC. 102. MULTIDISCIPLINARY, BROAD-BASED STATE 

2 CHILD WELFARE COMMISSIONS. 

3 (a) IN GENERAL.—Part A of title XI of the Social 

4 Security Act (42 U.S.C. 1301 et seq.) is amended by in5 serting after section 1123A, the following: 

6 ‘‘MULTIDISCIPLINARY, BROAD-BASED STATE CHILD

7 WELFARE COMMISSIONS

8 ‘‘SEC. 1123B. (a) IN GENERAL.—Not later than 1 

9 year after the date of enactment of the Working to En10 hance Courts for At-Risk and Endangered Kids Act of 

11 2005, each State administering a program established 

12 under part B or E of title IV, shall establish a permanent, 

13 multidisciplinary, broad-based commission on State child 

14 welfare programs for the purposes of—

15 ‘‘(1) ensuring ongoing collaboration among 

16 State, local, and tribal agencies and other commu17 nity organizations that serve children who have been 

18 abused or neglected, are in foster care, or are receiv19 ing child welfare services; and 

20 ‘‘(2) furthering the goal of providing all chil21 dren with safe, permanent families in which their 

22 physical, emotional, and social needs are met. 

23 ‘‘(b) CO-CHAIRS.—The co-chairs of the Commission 

24 shall be the Chief Justice for the State or his or her des25 ignee and the head of the State agency responsible for ad-
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1 ministering the State child welfare programs or his or her 

2 designee. 

3 ‘‘(c) COMPOSITION.—The Commission shall include 

4 representatives of—

5 ‘‘(1) State, local, and tribal agencies and other 

6 community organizations that serve children who 

7 have been abused or neglected, are in foster care, or 

8 are receiving child welfare services; 

9 ‘‘(2) schools; 

10 ‘‘(3) health care agencies or providers; 

11 ‘‘(4) mental health agencies or providers; 

12 ‘‘(5) child care agencies or providers; 

13 ‘‘(6) abuse and neglect courts; 

14 ‘‘(7) the legal and law enforcement commu15 nities; 

16 ‘‘(8) consumers of child welfare services, to in17 clude parents, current or former foster youth, and 

18 child advocates; and 

19 ‘‘(9) such other organizations, entities, or indi20 viduals as the co-chairs of the Commission deter21 mine to be appropriate. 

22 ‘‘(d) DUTIES.—The Commission shall—

23 ‘‘(1) monitor and report to the Secretary and 

24 the public on the extent to which the State child wel-
15

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1 fare programs and abuse and neglect courts are re2 sponsive to the needs of children in their care; 

3 ‘‘(2) develop and submit a report to the Sec4 retary and the public on plans to establish ongoing 

5 collaboration among State, local, and tribal agencies 

6 and other community organizations that serve chil7 dren who have been abused or neglected, are in fos8 ter care, or are receiving child welfare services, 

9 which shall include recommendations for the appro10 priate use of aggregate data and information shar11 ing to improve outcomes for such children; 

12 ‘‘(3) provide ongoing continuity for the collabo13 ration procedures established in accordance with 

14 such plan; 

15 ‘‘(4) broaden public awareness of, and support 

16 for, meeting the needs of vulnerable children and 

17 families, including the need for sufficient mental 

18 health, health care, education, child care, and other 

19 services; and 

20 ‘‘(5) perform such other tasks as the co-chairs 

21 of the Commission determines to be appropriate. 

22 ‘‘(e) DEFINITIONS.—In this section: 

23 ‘‘(1) ABUSE AND NEGLECT COURTS.—The term 

24 ‘abuse and neglect courts’ has the meaning given 

25 that term in section 475(8). 
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1 ‘‘(2) COMMISSION.—The term ‘Commission’ 

2 means the commission required to be established 

3 under subsection (a). 

4 ‘‘(3) STATE CHILD WELFARE PROGRAMS.—The 

5 term ‘State child welfare programs’ means the pro6 grams authorized under parts B and E of title IV. 

7 ‘‘(4) TRIBAL AGENCIES.—The term ‘tribal 

8 agencies’ means an agency of an Indian tribe (as de9 fined in section 475(9)).’’. 

10 (b) STATE PLAN REQUIREMENT.—Section 471(a) of 

11 the Social Security Act (42 U.S.C. 671(a)), as amended 

12 by section 101(b), is amended—

13 (1) in paragraph (24), by striking ‘‘and’’ at the 

14 end; 

15 (2) in paragraph (25), by striking the period at 

16 the end and inserting ‘‘; and’’; and 

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

18 ‘‘(26) provides that the State, not later than 1 

19 year after the date of enactment of the Working to 

20 Enhance Courts for At-Risk and Endangered Kids 

21 Act of 2005, shall establish the multidisciplinary, 

22 broad-based child welfare commission required under 

23 section 1123B.’’. 
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1 SEC. 103. TRAINING FOR ABUSE AND NEGLECT COURT PER2 SONNEL. 

3 Section 438 of the Social Security Act (42 U.S.C. 

4 629h), as amended by section 101(d), is amended—

5 (1) by redesignating subsection (f) as sub6 section (g); and 

7 (2) by inserting after subsection (e) the fol8 lowing: 

9 ‘‘(f) TRAINING FOR ABUSE AND NEGLECT COURT

10 PERSONNEL.—

11 ‘‘(1) AUTHORITY TO AWARD GRANTS.—In addi12 tion to any other funds paid to a highest State court 

13 under this section for fiscal year 2006 or any fiscal 

14 year thereafter, the Secretary shall award grants to 

15 highest State courts for the purpose of training 

16 judges, court personnel, attorneys, and other legal 

17 personnel of abuse and neglect courts on issues rel18 evant to the proceedings conducted by such courts, 

19 such as child development and other training needs 

20 specific to that court in the State. 

21 ‘‘(2) JOINT-TRAINING INITIATIVES.—A highest 

22 State court awarded a grant under this subsection 

23 for a fiscal year shall ensure that a significant por24 tion of the funds made available under the grant is 

25 used for cross-training initiatives that are jointly 

26 planned and executed with the State agency respon-
18

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1 sible for administering the programs authorized 

2 under this part and part E of this title, and Indian 

3 tribes and tribal organizations located in the State. 

4 ‘‘(3) APPROPRIATION.—Out of any money in 

5 the Treasury of the United States not otherwise ap6 propriated, there are appropriated for fiscal year 

7 2006, $10,000,000 for making grants under this 

8 subsection.’’. 

9 SEC. 104. RESERVATION OF FUNDS FOR COLLABORATION 

10 SUPPORT. 

11 Sections 436(b) and 437(b) of the Social Security Act 

12 (42 U.S.C. 629f(b), 629g(b)) are each amended by adding 

13 at the end the following: 

14 ‘‘(4) COLLABORATION.—The Secretary shall re15 serve 2 percent for making grants to support the de16 velopment and implementation of ongoing and mean17 ingful collaboration among the State court leaders 

18 and abuse and neglect courts located in the State, 

19 the State agency responsible for administering the 

20 State plans under this subpart, subpart 1, and part 

21 E, and Indian tribes and tribal organizations located 

22 in the State with respect to the State plans under 

23 this subpart, subpart 1, and part E, the development 

24 and conduct of the assessments required under sec25 tion 438 and the implementation of the improve-
19

•S 1679 IS 

1 ments deemed necessary as a result of such assess2 ments, and the child and family services reviews re3 quired under section 1123A (including the develop4 ment and implementation of a statewide assessment 

5 as part of the conformity reviews and corrective ac6 tion plans required under that section).’’. 

7 TITLE II—OUTCOME PERFORM8 ANCE STANDARDS FOR 

9 ABUSE AND NEGLECT 

10 COURTS 

11 SEC. 201. OUTCOME PERFORMANCE STANDARDS FOR 

12 ABUSE AND NEGLECT COURTS. 

13 Section 438 of the Social Security Act (42 U.S.C. 

14 629h), as amended by section 103, is amended—

15 (1) by redesignating subsection (g) as sub16 section (h); and 

17 (2) by inserting after subsection (f) the fol18 lowing: 

19 ‘‘(g) OUTCOME PERFORMANCE STANDARDS FOR

20 ABUSE AND NEGLECT COURTS.—

21 ‘‘(1) AUTHORITY TO AWARD GRANTS.—

22 ‘‘(A) IN GENERAL.—In addition to any 

23 other funds paid to a highest State court under 

24 this section for fiscal year 2006, the Secretary 

25 shall award grants to highest State courts for 
20

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1 the purpose of developing and implementing 

2 outcome performance standards for State abuse 

3 and neglect courts in order to achieve the goals 

4 of the programs authorized under this part, 

5 part E, and the Adoption and Safe Families 

6 Act of 1997 (Public Law 105–89; 111 Stat. 

7 2115). 

8 ‘‘(B) REQUIREMENTS.—

9 ‘‘(i) IN GENERAL.—A highest State 

10 court that receives a grant under this sub11 section shall use funds provided under the 

12 grant to develop and implement outcome 

13 performance standards and measurements 

14 for State abuse and neglect courts with re15 spect to the following areas: 

16 ‘‘(I) Safety. 

17 ‘‘(II) Permanency. 

18 ‘‘(III) Due Process. 

19 ‘‘(IV) Timeliness. 

20 ‘‘(ii) RECOMMENDED STANDARDS.—

21 Outcome performance standards and meas22 urements developed and implemented with 

23 funds provided under a grant made under 

24 this subsection shall be reasonably in ac25 cord with recommended standards and 
21

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1 measurements for the areas described in 

2 subclauses (I) through (IV) of clause (ii) 

3 issued by national organizations concerned 

4 with such standards and measurements. 

5 ‘‘(2) APPLICATIONS.—In order to be eligible for 

6 a grant under this subsection, a highest State court 

7 shall submit to the Secretary an application at such 

8 time, in such form, and including such information 

9 and assurances as the Secretary shall require. 

10 ‘‘(3) ALLOTMENTS.—

11 ‘‘(A) IN GENERAL.—Each highest State 

12 court which has an application approved under 

13 paragraph (2) shall be entitled to payment for 

14 a fiscal year specified in paragraph (1) from the 

15 amount appropriated pursuant to paragraph (4) 

16 for a fiscal year of an amount equal to the sum 

17 of $85,000 plus the amount described in sub18 paragraph (B) for the fiscal year. 

19 ‘‘(B) FORMULA.—The amount described in 

20 this subparagraph for any fiscal year is the 

21 amount that bears the same ratio to the 

22 amount appropriated pursuant to paragraph (4) 

23 for a fiscal year (reduced by the dollar amount 

24 specified in subparagraph (A) for the fiscal 

25 year) as the number of individuals in the State 
22

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1 who have not attained 21 years of age bears to 

2 the total number of such individuals in all 

3 States with highest State courts that have ap4 proved applications under paragraph (2). 

5 ‘‘(4) APPROPRIATION.—Out of any money in 

6 the Treasury of the United States not otherwise ap7 propriated, there are appropriated for fiscal year 

8 2006, $10,000,000 for making grants under this 

9 subsection.’’. 

10 TITLE III—COURT MODEL 

11 STANDARDS 

12 SEC. 301. STANDARDS, TRAINING, AND TECHNICAL ASSIST13 ANCE FOR ATTORNEYS. 

14 Section 471(a) of the Social Security Act (42 U.S.C. 

15 671(a)), as amended by section 102(b), is amended—

16 (1) in paragraph (25), by striking ‘‘and’’ at the 

17 end; 

18 (2) in paragraph (26), by striking the period 

19 and inserting ‘‘; and’’; and 

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

21 ‘‘(27) provides that, not later than January 1, 

22 2009, the State shall develop and encourage the im23 plementation of practice standards for all attorneys 

24 representing the State or local agency administering 

25 the program under this part, including standards re-
23

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1 garding the interaction of such attorneys with other 

2 attorneys who practice before an abuse and neglect 

3 court.’’. 

4 SEC. 302. LOAN FORGIVENESS FOR ATTORNEYS WHO REP5 RESENT LOW-INCOME FAMILIES OR INDIVID6 UALS INVOLVED IN THE FAMILY OR DOMES7 TIC RELATIONS COURT SYSTEM. 

8 (a) PURPOSES.—The purposes of this section are— 

9 (1) to encourage attorneys to enter the field of 

10 family law, juvenile law, or domestic relations law; 

11 (2) to increase the number of attorneys who will 

12 represent low-income families and individuals, and 

13 who are trained and educated in such field; and 

14 (3) to keep more highly trained family law, ju15 venile law, and domestic relations attorneys in those 

16 fields of law for longer periods of time. 

17 (b) LOAN FORGIVENESS FOR FAMILY OR DOMESTIC

18 RELATIONS ATTORNEYS.—Part B of title IV of the High19 er Education Act of 1965 (20 U.S.C. 1071 et seq.) is 

20 amended by inserting after section 428K (20 U.S.C. 

21 1078–11) the following: 
24

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1 ‘‘SEC. 428L. LOAN FORGIVENESS FOR FAMILY LAW, JUVE2 NILE LAW, AND DOMESTIC RELATIONS AT3 TORNEYS WHO WORK IN THE DEFENSE OF 

4 LOW-INCOME FAMILIES, INDIVIDUALS, OR 

5 CHILDREN. 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) ELIGIBLE LOAN.—The term ‘eligible loan’ 

8 means a loan made, insured, or guaranteed under 

9 this part or part D (excluding loans made under sec10 tion 428B or 428C, or comparable loans made under 

11 part D) for attendance at a law school. 

12 ‘‘(2) FAMILY LAW OR DOMESTIC RELATIONS AT13 TORNEY.—The term ‘family law or domestic rela14 tions attorney’ means an attorney who works in the 

15 field of family law or domestic relations, including 

16 juvenile justice, truancy, child abuse or neglect, 

17 adoption, domestic relations, child support, pater18 nity, and other areas which fall under the field of 

19 family law or domestic relations law as determined 

20 by State law. 

21 ‘‘(3) HIGHLY QUALIFIED ATTORNEY.—The 

22 term ‘highly qualified attorney’ means an attorney 

23 who has at least 2 consecutive years of experience in 

24 the field of family or domestic relations law serving 

25 as a representative of low-income families or minors. 

26 ‘‘(b) DEMONSTRATION PROGRAM.— 
25

•S 1679 IS 

1 ‘‘(1) IN GENERAL.—The Secretary may carry 

2 out a demonstration program of assuming the obli3 gation to repay eligible loans for any new borrower 

4 after the date of enactment of this section who— 

5 ‘‘(A) obtains a Juris Doctorate (JD) and 

6 takes not less than 1 law school class in family 

7 law, juvenile law, domestic relations law, or a 

8 class that the Secretary finds equivalent to any 

9 such class pursuant to regulations prescribed by 

10 the Secretary; and 

11 ‘‘(B) has worked fulltime for a State or 

12 local government entity, or a nonprofit private 

13 entity, as a family law or domestic relations at14 torney on behalf of low-income individuals in 

15 the family or domestic relations court system 

16 for 2 consecutive years immediately preceding 

17 the year for which the determination was made. 

18 ‘‘(2) AWARD BASIS.—Loan repayment under 

19 this section shall be on a first-come, first-served 

20 basis and subject to the availability of appropria21 tions. 

22 ‘‘(3) PRIORITY.—The Secretary shall give pri23 ority in providing loan repayment under this section 

24 for a fiscal year to student borrowers who received 
26

•S 1679 IS 

1 loan repayment under this section for the preceding 

2 fiscal year. 

3 ‘‘(c) LOAN REPAYMENT.— 

4 ‘‘(1) IN GENERAL.—For each eligible individual 

5 selected for the demonstration program under sub6 section (b), the Secretary shall assume the obligation 

7 to repay— 

8 ‘‘(A) after the third consecutive year of 

9 employment described in subparagraph (B) of 

10 subsection (b)(1), 20 percent of the total 

11 amount of all eligible loans; 

12 ‘‘(B) after the fourth consecutive year of 

13 such employment, 30 percent of the total 

14 amount of all eligible loans; and 

15 ‘‘(C) after the fifth consecutive year of 

16 such employment, 50 percent of the total 

17 amount of all eligible loans. 

18 ‘‘(2) CONSTRUCTION.—Nothing in this section 

19 shall be construed to authorize any refunding of any 

20 repayment of a loan made under this part or part 

21 D. 

22 ‘‘(3) INTEREST.—If a portion of a loan is re23 paid by the Secretary under this section for any 

24 year, the proportionate amount of interest on such 
27

•S 1679 IS 

1 loan that accrues for such year shall be repaid by 

2 the Secretary. 

3 ‘‘(4) INELIGIBILITY OF NATIONAL SERVICE

4 AWARD RECIPIENTS.—No student borrower may, for 

5 the same service, receive a benefit under both this 

6 section and subtitle D of title I of the National and 

7 Community Service Act of 1990 (42 U.S.C. 12601 

8 et seq.). 

9 ‘‘(d) REPAYMENT TO ELIGIBLE LENDERS.—The Sec10 retary shall pay to each eligible lender or holder for each 

11 fiscal year an amount equal to the aggregate amount of 

12 eligible loans which are subject to repayment pursuant to 

13 this section for such year. 

14 ‘‘(e) APPLICATION FOR REPAYMENT.— 

15 ‘‘(1) IN GENERAL.—Each eligible individual de16 siring loan repayment under this section shall sub17 mit a complete and accurate application to the Sec18 retary at such time, in such manner, and containing 

19 such information as the Secretary may require. 

20 ‘‘(2) CONDITIONS.—An eligible individual may 

21 apply for loan repayment under this section after 

22 completing each year of qualifying employment. The 

23 borrower shall receive forbearance while engaged in 

24 qualifying employment unless the borrower is in 

25 deferment while so engaged. 
28

•S 1679 IS 

1 ‘‘(f) EVALUATION.— 

2 ‘‘(1) IN GENERAL.—The Secretary shall con3 duct, by grant or contract, an independent national 

4 evaluation of the impact of the demonstration pro5 gram assisted under this section on the field of fam6 ily and domestic relations law. 

7 ‘‘(2) COMPETITIVE BASIS.—The grant or con8 tract described in this subsection shall be awarded 

9 on a competitive basis. 

10 ‘‘(3) CONTENTS.—The evaluation described in 

11 this subsection shall determine whether the loan for12 giveness program assisted under this section— 

13 ‘‘(A) has increased the number of highly 

14 qualified attorneys; 

15 ‘‘(B) has contributed to increased time on 

16 the job for family law or domestic relations at17 torneys, as measured by— 

18 ‘‘(i) the length of time family law or 

19 domestic relations attorneys receiving loan 

20 forgiveness under this section have worked 

21 in the family law or domestic relations 

22 field; and 

23 ‘‘(ii) the length of time family law or 

24 domestic relations attorneys continue to 

25 work in such field after the attorneys meet 
29

•S 1679 IS 

1 the requirements for loan forgiveness 

2 under this section; 

3 ‘‘(C) has increased the experience and the 

4 quality of family law or domestic relations at5 torneys; and 

6 ‘‘(D) has contributed to better family out7 comes, as determined after consultation with 

8 the Secretary of Health and Human Services 

9 and the Attorney General. 

10 ‘‘(4) INTERIM AND FINAL EVALUATION RE11 PORTS.—The Secretary shall prepare and submit to 

12 the President and Congress such interim reports re13 garding the evaluation described in this section as 

14 the Secretary determines appropriate, and shall pre15 pare and submit a final report regarding the evalua16 tion by September 30, 2010. 

17 ‘‘(g) REGULATIONS.—The Secretary is authorized to 

18 prescribe such regulations as may be necessary to carry 

19 out the provisions of this section. 

20 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to carry out this section 

22 $20,000,000 for fiscal year 2006, and such sums as are 

23 necessary for each of the 4 succeeding fiscal years.’’. 
30

•S 1679 IS 

1 SEC. 303. LOAN FORGIVENESS TO SOCIAL WORKERS WHO 

2 WORK FOR CHILD PROTECTIVE AGENCIES. 

3 Part B of title IV of the Higher Education Act of 

4 1965 (20 U.S.C. 1071 et seq.) is amended by inserting 

5 after section 428K (20 U.S.C. 1078–11) the following: 

6 ‘‘SEC. 428L. LOAN FORGIVENESS FOR CHILD WELFARE 

7 WORKERS. 

8 ‘‘(a) PURPOSES.—The purposes of this section are— 

9 ‘‘(1) to bring more highly trained individuals 

10 into the child welfare profession; and 

11 ‘‘(2) to keep more highly trained child welfare 

12 workers in the child welfare field for longer periods 

13 of time. 

14 ‘‘(b) DEFINITIONS.—In this section: 

15 ‘‘(1) CHILD WELFARE SERVICES.—The term 

16 ‘child welfare services’ has the meaning given the 

17 term in section 425 of the Social Security Act. 

18 ‘‘(2) CHILD WELFARE AGENCY.—The term 

19 ‘child welfare agency’ means the State agency re20 sponsible for administering subpart 1 of part B of 

21 title IV of the Social Security Act and any public or 

22 private agency under contract with the State agency 

23 to provide child welfare services. 

24 ‘‘(3) INSTITUTION OF HIGHER EDUCATION.—

25 The term ‘institution of higher education’ has the 

26 meaning given the term in section 101. 
31

•S 1679 IS 

1 ‘‘(4) STATE.—The term ‘State’ has the mean2 ing given the term in section 1101(a)(1) of the So3 cial Security Act for purposes of title IV of such 

4 Act, and includes an Indian tribe. 

5 ‘‘(c) DEMONSTRATION PROGRAM.— 

6 ‘‘(1) IN GENERAL.—The Secretary may carry 

7 out a demonstration program of assuming the obli8 gation to repay, pursuant to subsection (d), a loan 

9 made, insured, or guaranteed under this part or part 

10 D (excluding loans made under sections 428B and 

11 428C, or comparable loans made under part D) for 

12 any new borrower after the date of enactment of this 

13 section, who— 

14 ‘‘(A) obtains a bachelor’s or master’s de15 gree in social work; 

16 ‘‘(B) obtains employment in public or pri17 vate child welfare services; and 

18 ‘‘(C) has worked full time as a social work19 er for 2 consecutive years preceding the year 

20 for which the determination is made. 

21 ‘‘(2) AWARD BASIS; PRIORITY.— 

22 ‘‘(A) AWARD BASIS.—Subject to subpara23 graph (B), loan repayment under this section 

24 shall be on a first-come, first-served basis and 

25 subject to the availability of appropriations. 
32

•S 1679 IS 

1 ‘‘(B) PRIORITY.—The Secretary shall give 

2 priority in providing loan repayment under this 

3 section for a fiscal year to student borrowers 

4 who received loan repayment under this section 

5 for the preceding fiscal year. 

6 ‘‘(3) OUTREACH.—The Secretary shall post a 

7 notice on a Department Internet Web site regarding 

8 the availability of loan repayment under this section, 

9 and shall notify institutions of higher education re10 garding the availability of loan repayment under this 

11 section. 

12 ‘‘(4) REGULATIONS.—The Secretary is author13 ized to prescribe such regulations as may be nec14 essary to carry out the provisions of this section. 

15 ‘‘(d) LOAN REPAYMENT.— 

16 ‘‘(1) IN GENERAL.—For each eligible individual 

17 selected for the demonstration program under sub18 section (c), the Secretary shall assume the obligation 

19 to repay— 

20 ‘‘(A) after the third consecutive year of 

21 employment described in subsection (c)(1)(C), 

22 20 percent of the total amount of all loans 

23 made under this part or part D (excluding 

24 loans made under section 428B or 428C, or 

25 comparable loans made under part D) for any 
33

•S 1679 IS 

1 new borrower after the date of enactment of 

2 this section; 

3 ‘‘(B) after the fourth consecutive year of 

4 such employment, 30 percent of the total 

5 amount of such loans; and 

6 ‘‘(C) after the fifth consecutive year of 

7 such employment, 50 percent of the total 

8 amount of such loans. 

9 ‘‘(2) CONSTRUCTION.—Nothing in this section 

10 shall be construed to authorize the refunding of any 

11 repayment of a loan made under this part or part 

12 D. 

13 ‘‘(3) INTEREST.—If a portion of a loan is re14 paid by the Secretary under this section for any 

15 year, the proportionate amount of interest on such 

16 loan which accrues for such year shall be repaid by 

17 the Secretary. 

18 ‘‘(4) SPECIAL RULE.—In the case of a student 

19 borrower not participating in loan repayment pursu20 ant to this section who returns to an institution of 

21 higher education after graduation from an institu22 tion of higher education for the purpose of obtaining 

23 a degree described in subsection (c)(1)(A), the Sec24 retary may assume the obligation to repay the total 

25 amount of loans made under this part or part D in-
34

•S 1679 IS 

1 curred for returning to an institution of higher edu2 cation for the purpose of obtaining such a degree for 

3 a maximum of 2 academic years. Such loans shall 

4 only be repaid for borrowers who qualify for loan re5 payment pursuant to the provisions of this section, 

6 and shall be repaid in accordance with the provisions 

7 of paragraph (1). 

8 ‘‘(5) INELIGIBILITY OF NATIONAL SERVICE

9 AWARD RECIPIENTS.—No student borrower may, for 

10 the same service, receive a benefit under both this 

11 section and subtitle D of title I of the National and 

12 Community Service Act of 1990 (42 U.S.C. 12601 

13 et seq.). 

14 ‘‘(e) REPAYMENT TO ELIGIBLE LENDERS.—The Sec15 retary shall pay to each eligible lender or holder for each 

16 fiscal year an amount equal to the aggregate amount of 

17 loans that are subject to repayment pursuant to this sec18 tion for such year. 

19 ‘‘(f) APPLICATION FOR REPAYMENT.— 

20 ‘‘(1) IN GENERAL.—Each eligible individual de21 siring loan repayment under this section shall sub22 mit a complete and accurate application to the Sec23 retary at such time, in such manner, and containing 

24 such information as the Secretary may require. 
35

•S 1679 IS 

1 ‘‘(2) CONDITIONS.—An eligible individual may 

2 apply for loan repayment under this section after 

3 completing each year of qualifying employment. The 

4 borrower shall receive forbearance while engaged in 

5 qualifying employment unless the borrower is in 

6 deferment while so engaged. 

7 ‘‘(g) EVALUATION.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall con9 duct, by grant or contract, an independent national 

10 evaluation of the impact of the demonstration pro11 gram assisted under this section on the field of child 

12 welfare services. 

13 ‘‘(2) COMPETITIVE BASIS.—The grant or con14 tract described in paragraph (1) shall be awarded on 

15 a competitive basis. 

16 ‘‘(3) CONTENTS.—The evaluation described in 

17 this subsection shall determine— 

18 ‘‘(A) whether the loan forgiveness program 

19 has increased child welfare workers’ education 

20 in the areas covered by loan forgiveness; 

21 ‘‘(B) whether the loan forgiveness program 

22 has contributed to increased time on the job for 

23 child welfare workers as measured by— 
36

•S 1679 IS 

1 ‘‘(i) the length of time child welfare 

2 workers receiving loan forgiveness have 

3 worked in the child welfare field; and 

4 ‘‘(ii) the length of time such workers 

5 continue to work in such field after the 

6 workers meet the requirements for loan 

7 forgiveness under this section; and 

8 ‘‘(C) whether the loan forgiveness program 

9 has increased the experience and quality of 

10 child welfare workers and has contributed to in11 creased performance in the outcomes of child 

12 welfare services in terms of child well-being, 

13 permanency, and safety, as determined after 

14 consultation with the Secretary of Health and 

15 Human Services. 

16 ‘‘(4) INTERIM AND FINAL EVALUATION RE17 PORTS.—The Secretary shall prepare and submit to 

18 the President and Congress such interim reports re19 garding the evaluation described in this subsection 

20 as the Secretary determines appropriate, and shall 

21 prepare and so submit a final report regarding the 

22 evaluation by September 30, 2010. 

23 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to carry out this section 
37

•S 1679 IS 

1 $20,000,000 for fiscal year 2006, and such sums as may 

2 be necessary for each of the 4 succeeding fiscal years.’’. 

3 SEC. 304. REAUTHORIZATION OF COURT-APPOINTED SPE4 CIAL ADVOCATE (CASA) PROGRAMS AND IN5 CREASED FUNDING FOR EXPANSION IN 

6 RURAL AND UNDERSERVED URBAN AREAS. 

7 (a) IN GENERAL.—Section 218(a) of the Victims of 

8 Child Abuse Act of 1990 (42 U.S.C. 13014(a)) is amended 

9 by striking ‘‘$12,000,000 for each of fiscal years 2001 

10 through 2005’’ and inserting ‘‘$17,000,000 for each of fis11 cal years 2006 through 2010’’. 

12 (b) GRANTS FOR EXPANSION IN RURAL AND UNDER13 SERVED URBAN AREAS.—Section 217(c)(3) of the Victims 

14 of Child Abuse Act of 1990 (42 U.S.C. 13013(c)(3)) is 

15 amended—

16 (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(B) Of the amount appropriated for each of fiscal 

19 years 2006 through 2010 to carry out this subtitle, the 

20 Administrator shall use not less than $5,000,000 of such 

21 amount to make grants for the purpose of developing or 

22 expanding court-appointed special advocate programs in 

23 rural and underserved urban areas.’’. 
38

•S 1679 IS 

1 TITLE IV—CLARIFICATION ON 

2 STATE FLEXIBILITY FOR PUB3 LIC ACCESS TO COURTS 

4 SEC. 401. CLARIFICATION ON STATE FLEXIBILITY FOR PUB5 LIC ACCESS TO COURTS. 

6 Section 471 of the Social Security Act (42 U.S.C. 

7 671) is amended—

8 (1) in paragraph (8) of subsection (a), by in9 serting ‘‘subject to subsection (c),’’ after ‘‘(8)’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(c) Nothing in paragraph (8) of subsection (a) shall 

12 be construed to limit the flexibility of a State to determine 

13 State policies relating to the public access to court pro14 ceedings to determine child abuse or neglect or other court 

15 hearings held pursuant to requirements under this part 

16 or part B, except that such policies shall, at a minimum, 

17 ensure the safety and well-being of the child, parents, and 

18 family.’’. 

19 TITLE V—COURT LEADERSHIP 

20 SEC. 501. SENSE OF THE SENATE REGARDING STATE 

21 COURT LEADERSHIP. 

22 (a) SENSE OF THE SENATE.—It is the sense of the 

23 Senate that the Chief Justice for each State and other 

24 State court leadership should take the lead in providing 

25 for the health, safety, and permanency of children before 
39

•S 1679 IS 

1 State abuse and neglect courts through measures such as 

2 the following: 

3 (1) Establishing an office on children before 

4 State abuse and neglect courts within the State ad5 ministrative office of the courts. 

6 (2) Organizing State courts so that abuse and 

7 neglect cases are heard in dedicated courts or de8 partments, rather than in departments with jurisdic9 tion over multiple issues, where feasible. 

10 (3) Actively promoting—

11 (A) resource, workload, and training stand12 ards for abuse and neglect court judges, attor13 neys, and other court personnel; 

14 (B) standards of practice for abuse and 

15 neglect court judges; and 

16 (C) codes of judicial conduct that support 

17 the practices of problem-solving courts such as 

18 abuse and neglect courts. 

19 (4) Establishing State court procedures that en20 able and encourage judges who have demonstrated 

21 competence in proceedings before State abuse and 

22 neglect courts to build careers on serving on such 

23 courts. 

24 (b) DEFINITION OF ABUSE AND NEGLECT COURT.—

25 In this section, the term ‘‘abuse and neglect court’’ has 
40

•S 1679 IS 

1 the meaning given that term in section 475(8) of the So2 cial Security Act (as added by section 101(d)). 

3 TITLE VI—SAFE AND TIMELY 

4 INTERSTATE PLACEMENT OF 

5 FOSTER CHILDREN 

6 SEC. 601. SENSE OF CONGRESS. 

7 (a) FINDING.—Congress finds that the Interstate 

8 Compact on the Placement of Children (ICPC) was draft9 ed more than 40 years ago, is outdated, and is a barrier 

10 to the timely placement of children across State lines. 

11 (b) SENSE OF CONGRESS.—It is the sense of Con12 gress that the States should expeditiously revise the ICPC 

13 to better serve the interests of children and reduce unnec14 essary work, and that the revision should include—

15 (1) limiting its applicability to children in foster 

16 care under the responsibility of a State, except those 

17 seeking placement in a licensed residential facility 

18 primarily to access clinical mental health services; 

19 and 

20 (2) providing for deadlines for the completion 

21 and approval of home studies as set forth in the 

22 amendments made by section 603. 
41

•S 1679 IS 

1 SEC. 602. ORDERLY AND TIMELY PROCESS FOR INTER2 STATE PLACEMENT OF CHILDREN. 

3 Section 471(a) of the Social Security Act (42 U.S.C. 

4 671(a)), as amended by section 301, is amended—

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

6 (24); 

7 (2) by striking the period at the end of para8 graph (25) and inserting ‘‘; and’’; and 

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

10 ‘‘(26) provide that the State shall have in effect 

11 procedures for the orderly and timely interstate 

12 placement of children, and procedures implemented 

13 in accordance with an interstate compact approved 

14 by the Secretary, if incorporating with the proce15 dures prescribed by paragraph (27), shall be consid16 ered to satisfy the requirement of this paragraph.’’. 

17 SEC. 603. HOME STUDIES. 

18 (a) ORDERLY PROCESS.—

19 (1) IN GENERAL.—Section 471(a) of the Social 

20 Security Act (42 U.S.C. 671(a)), as amended by sec21 tion 602, is amended—

22 (A) by striking ‘‘and’’ at the end of para23 graph (25); 

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

25 paragraph (26) and inserting ‘‘; and’’; and 

26 (C) by adding at the end the following: 
42

•S 1679 IS 

1 ‘‘(27) provides that—

2 ‘‘(A)(i) within 60 days after the State re3 ceives from another State a request to conduct 

4 a study of a home environment for purposes of 

5 assessing the appropriateness of placing a child 

6 in the home, the State shall, directly or by con7 tract—

8 ‘‘(I) conduct and complete the study; 

9 and 

10 ‘‘(II) return to the other State a re11 port on the results of the study, which 

12 shall address the extent to which place13 ment in the home would meet the needs of 

14 the child; and 

15 ‘‘(ii) in the case of a home study begun on 

16 or before September 30, 2007, if the State fails 

17 to comply with clause (i) within the 60-day pe18 riod as a result of circumstances beyond the 

19 control of the State (such as a failure by a Fed20 eral agency to provide the results of a back21 ground check, or the failure by any entity to 

22 provide completed medical forms, requested by 

23 the State at least 45 days before the end of the 

24 60-day period), the State shall have 75 days to 

25 comply with clause (i) if the State documents 
43

•S 1679 IS 

1 the circumstances involved and certifies that 

2 completing the home study is in the best inter3 ests of the child; except that 

4 ‘‘(iii) this subparagraph shall not be con5 strued to require the State to have completed, 

6 within the applicable period, the parts of the 

7 home study involving the education and train8 ing of the prospective foster or adoptive par9 ents; 

10 ‘‘(B) the State shall treat any report de11 scribed in subparagraph (A) that is received 

12 from another State or an Indian tribe (or from 

13 a private agency under contract with another 

14 State) as meeting any requirements imposed by 

15 the State for the completion of a home study 

16 before placing a child in the home, unless, with17 in 14 days after receipt of the report, the State 

18 determines, based on grounds that are specific 

19 to the content of the report, that making a de20 cision in reliance on the report would be con21 trary to the welfare of the child; and 

22 ‘‘(C) the State shall not impose any re23 striction on the ability of a State agency admin24 istering, or supervising the administration of, a 

25 State program operated under a State plan ap-
44

•S 1679 IS 

1 proved under this part to contract with a pri2 vate agency for the conduct of a home study de3 scribed in subparagraph (A).’’. 

4 (2) SENSE OF CONGRESS.—It is the sense of 

5 Congress that each State should—

6 (A) use private agencies to conduct home 

7 studies when doing so is necessary to meet the 

8 requirements of section 471(a)(27) of the Social 

9 Security Act; and 

10 (B) give full faith and credit to any home 

11 study report completed by any other State or 

12 an Indian tribe with respect to the placement of 

13 a child in foster care or for adoption. 

14 (b) TIMELY INTERSTATE HOME STUDY INCENTIVE

15 PAYMENTS.—Part E of title IV of the Social Security Act 

16 (42 U.S.C. 670–679b) is amended by inserting after sec17 tion 473A the following: 

18 ‘‘SEC. 473B. TIMELY INTERSTATE HOME STUDY INCENTIVE 

19 PAYMENTS. 

20 ‘‘(a) GRANT AUTHORITY.—The Secretary shall make 

21 a grant to each State that is a home study incentive-eligi22 ble State for a fiscal year in an amount equal to the timely 

23 interstate home study incentive payment payable to the 

24 State under this section for the fiscal year, which shall 

25 be payable in the immediately succeeding fiscal year. 
45

•S 1679 IS 

1 ‘‘(b) HOME STUDY INCENTIVE-ELIGIBLE STATE.—

2 A State is a home study incentive-eligible State for a fiscal 

3 year if—

4 ‘‘(1) the State has a plan approved under this 

5 part for the fiscal year; 

6 ‘‘(2) the State is in compliance with subsection 

7 (c) for the fiscal year; and 

8 ‘‘(3) based on data submitted and verified pur9 suant to subsection (c), the State has completed a 

10 timely interstate home study during the fiscal year. 

11 ‘‘(c) DATA REQUIREMENTS.—

12 ‘‘(1) IN GENERAL.—A State is in compliance 

13 with this subsection for a fiscal year if the State has 

14 provided to the Secretary a written report, covering 

15 the preceding fiscal year, that specifies—

16 ‘‘(A) the total number of interstate home 

17 studies requested by the State with respect to 

18 children in foster care under the responsibility 

19 of the State and, with respect to each such 

20 study, the identity of the other State involved; 

21 and 

22 ‘‘(B) the total number of timely interstate 

23 home studies completed by the State with re24 spect to children in foster care under the re25 sponsibility of other States and, with respect to 
46

•S 1679 IS 

1 each such study, the identity of the other State 

2 involved. 

3 ‘‘(2) VERIFICATION OF DATA.—In determining 

4 the number of timely interstate home studies to be 

5 attributed to a State under this section, the Sec6 retary shall check the data provided by the State 

7 under paragraph (1) against complementary data so 

8 provided by other States. 

9 ‘‘(d) TIMELY INTERSTATE HOME STUDY INCENTIVE

10 PAYMENTS.—

11 ‘‘(1) IN GENERAL.—The timely interstate home 

12 study incentive payment payable to a State for a fis13 cal year shall be $1,500 multiplied by the number of 

14 timely interstate home studies attributed to the 

15 State under this section during the fiscal year, sub16 ject to paragraph (2). 

17 ‘‘(2) PRO RATA ADJUSTMENT IF INSUFFICIENT

18 FUNDS AVAILABLE.—If the total amount of timely 

19 interstate home study incentive payments otherwise 

20 payable under this section for a fiscal year exceeds 

21 the total of the amounts made available pursuant to 

22 subsection (h) for the fiscal year (reduced (but not 

23 below zero) by the total of the amounts (if any) pay24 able under paragraph (3) of this subsection with re25 spect to the preceding fiscal year), the amount of 
47

•S 1679 IS 

1 each such otherwise payable incentive payment shall 

2 be reduced by a percentage equal to—

3 ‘‘(A) the total of the amounts so made 

4 available (as so reduced); divided by 

5 ‘‘(B) the total of such otherwise payable 

6 incentive payments. 

7 ‘‘(3) APPROPRIATIONS AVAILABLE FOR UNPAID

8 INCENTIVE PAYMENTS FOR PRIOR FISCAL YEARS.—

9 ‘‘(A) IN GENERAL.—If payments under 

10 this section are reduced under paragraph (2) or 

11 subparagraph (B) of this paragraph for a fiscal 

12 year, then, before making any other payment 

13 under this section for the next fiscal year, the 

14 Secretary shall pay each State whose payment 

15 was so reduced an amount equal to the total 

16 amount of the reductions which applied to the 

17 State, subject to subparagraph (B) of this para18 graph. 

19 ‘‘(B) PRO RATA ADJUSTMENT IF INSUFFI20 CIENT FUNDS AVAILABLE.—If the total amount 

21 of payments otherwise payable under subpara22 graph (A) of this paragraph for a fiscal year ex23 ceeds the total of the amounts made available 

24 pursuant to subsection (h) for the fiscal year, 
48

•S 1679 IS 

1 the amount of each such payment shall be re2 duced by a percentage equal to—

3 ‘‘(i) the total of the amounts so made 

4 available; divided by 

5 ‘‘(ii) the total of such otherwise pay6 able payments. 

7 ‘‘(e) TWO-YEAR AVAILABILITY OF INCENTIVE PAY8 MENTS.—Payments to a State under this section in a fis9 cal year shall remain available for use by the State 

10 through the end of the next fiscal year. 

11 ‘‘(f) LIMITATIONS ON USE OF INCENTIVE PAY12 MENTS.—A State shall not expend an amount paid to the 

13 State under this section except to provide to children or 

14 families any service (including post-adoption services) that 

15 may be provided under part B or E. Amounts expended 

16 by a State in accordance with the preceding sentence shall 

17 be disregarded in determining State expenditures for pur18 poses of Federal matching payments under sections 423, 

19 434, and 474. 

20 ‘‘(g) DEFINITIONS.—In this section: 

21 ‘‘(1) HOME STUDY.—The term ‘home study’ 

22 means a study of a home environment, conducted in 

23 accordance with applicable requirements of the State 

24 in which the home is located, for the purpose of as-
49

•S 1679 IS 

1 sessing whether placement of a child in the home 

2 would be appropriate for the child. 

3 ‘‘(2) INTERSTATE HOME STUDY.—The term 

4 ‘interstate home study’ means a home study con5 ducted by a State at the request of another State, 

6 to facilitate an adoptive or relative placement in the 

7 State. 

8 ‘‘(3) TIMELY INTERSTATE HOME STUDY.—The 

9 term ‘timely interstate home study’ means an inter10 state home study completed by a State if the State 

11 provides to the State that requested the study, with12 in 30 days after receipt of the request, a report on 

13 the results of the study. The preceding sentence 

14 shall not be construed to require the State to have 

15 completed, within the 30-day period, the parts of the 

16 home study involving the education and training of 

17 the prospective foster or adoptive parents. 

18 ‘‘(h) LIMITATIONS ON AUTHORIZATION OF APPRO19 PRIATIONS.—

20 ‘‘(1) IN GENERAL.—For payments under this 

21 section, there are authorized to be appropriated to 

22 the Secretary, $10,000,000 for each of fiscal years 

23 2006 through 2009.—
50

•S 1679 IS 

1 ‘‘(2) AVAILABILITY.—Amounts appropriated 

2 under paragraph (1) are authorized to remain avail3 able until expended.’’. 

4 (c) REPEALER.—Effective October 1, 2009, section 

5 473B of the Social Security Act is repealed. 

6 SEC. 604. REQUIREMENT TO COMPLETE BACKGROUND 

7 CHECKS BEFORE APPROVAL OF ANY FOSTER 

8 OR ADOPTIVE PLACEMENT AND TO CHECK 

9 CHILD ABUSE REGISTRIES; GRANDFATHER 

10 OF OPT-OUT ELECTION; LIMITED NON11 APPLICATION. 

12 Section 471(a)(20) of the Social Security Act (42 

13 U.S.C. 671(a)(20)) is amended—

14 (1) in subparagraph (A)—

15 (A) in the matter preceding clause (i)—

16 (i) by striking ‘‘unless an election pro17 vided for in subparagraph (B) is made 

18 with respect to the State’’ and inserting 

19 ‘‘except as provided in clause (iii)’’; 

20 (ii) by striking ‘‘on whose behalf fos21 ter care maintenance payments or adoption 

22 assistance payments are to be made’’ and 

23 inserting ‘‘regardless of whether foster care 

24 maintenance payments or adoption assist-
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1 ance payments are to be made on behalf of 

2 the child’’; 

3 (B) in each of clauses (i) and (ii), by in4 serting ‘‘involving a child on whose behalf such 

5 payments are to be so made’’ after ‘‘in any 

6 case’’; and 

7 (C) by striking ‘‘and’’ at the end of clause 

8 (ii); and 

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

10 ‘‘(iii) clauses (i) and (ii) shall not apply to 

11 the State if—

12 ‘‘(I) the State elected on or before 

13 September 30, 2005, to make this sub14 paragraph (as in effect on or before such 

15 date) inapplicable to the State; or 

16 ‘‘(II) a record check conducted in ac17 cordance with clause (i) or (ii) which re18 veals a felony conviction or crime described 

19 in such clause and is the basis for denying 

20 a placement would conflict with a require21 ment of State’s constitution; and’’; 

22 (2) by striking subparagraph (B) and inserting 

23 the following: 

24 ‘‘(B) provides that the State shall—
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1 ‘‘(i) check any child abuse and neglect reg2 istry maintained by the State for information 

3 on any prospective foster or adoptive parent 

4 and on any other adult living in the home of 

5 such a prospective parent, and request any 

6 other State in which any such prospective par7 ent or other adult has resided in the preceding 

8 5 years, to enable the State to check any child 

9 abuse and neglect registry maintained by such 

10 other State for such information, before the 

11 prospective foster or adoptive parent may be fi12 nally approved for placement of a child, regard13 less of whether foster care maintenance pay14 ments or adoption assistance payments are to 

15 be made on behalf of the child under the State 

16 plan under this part; 

17 ‘‘(ii) comply with any request described in 

18 clause (i) that is received from another State; 

19 ‘‘(iii) have in place safeguards to prevent 

20 the unauthorized disclosure of information in 

21 any child abuse and neglect registry maintained 

22 by the State, and to prevent any such informa23 tion obtained pursuant to this subparagraph 

24 from being used for a purpose other than the 
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1 conducting of background checks in foster or 

2 adoptive placement cases; and 

3 ‘‘(iv) not deny a placement on the basis of 

4 information determined as a result of a check 

5 conducted in accordance with clause (i) or (ii) 

6 if denying a placement on such basis would con7 flict with a requirement of a State’s constitu8 tion;’’. 

9 SEC. 605. COURTS ALLOWED ACCESS TO THE FEDERAL 

10 PARENT LOCATOR SERVICE TO LOCATE PAR11 ENTS IN FOSTER CARE OR ADOPTIVE PLACE12 MENT CASES. 

13 Section 453(c) of the Social Security Act (42 U.S.C. 

14 653(c)) is amended—

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

16 (3); 

17 (2) by striking the period and inserting ‘‘; 

18 and’’; and 

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

20 ‘‘(5) any court which has authority with respect 

21 to the placement of a child in foster care or for 

22 adoption, but only for the purpose of locating a par23 ent of the child.’’. 
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1 SEC. 606. CASEWORKER VISITS. 

2 (a) PURCHASE OF SERVICES IN INTERSTATE PLACE3 MENT CASES.—Section 475(5)(A)(ii) of the Social Secu4 rity Act (42 U.S.C. 675(5)(A)(ii)) is amended by striking 

5 ‘‘or of the State in which the child has been placed’’ and 

6 inserting ‘‘of the State in which the child has been placed, 

7 or of a private agency under contract with either such 

8 State’’. 

9 (b) INCREASED VISITS.—Section 475(5)(A)(ii) of 

10 such Act (42 U.S.C. 675(5)(A)(ii)) is amended by striking 

11 ‘‘12’’ and inserting ‘‘6’’. 

12 SEC. 607. HEALTH AND EDUCATION RECORDS. 

13 Section 475 of the Social Security Act (42 U.S.C. 

14 675) is amended—

15 (1) in paragraph (1)(C)—

16 (A) by striking ‘‘To the extent available 

17 and accessible, the’’ and inserting ‘‘The’’; and 

18 (B) by inserting ‘‘the most recent informa19 tion available regarding’’ after ‘‘including’’; and 

20 (2) in paragraph (5)(D)—

21 (A) by inserting ‘‘a copy of the record is’’ 

22 before ‘‘supplied’’; and 

23 (B) by inserting ‘‘, and is supplied to the 

24 child at no cost at the time the child leaves fos25 ter care if the child is leaving foster care by 
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1 reason of having attained the age of majority 

2 under State law’’ before the semicolon. 

3 SEC. 608. RIGHT TO BE HEARD IN FOSTER CARE PRO4 CEEDINGS. 

5 (a) IN GENERAL.—Section 475(5)(G) of the Social 

6 Security Act (42 U.S.C. 675(5)(G)) is amended—

7 (1) by striking ‘‘an opportunity’’ and inserting 

8 ‘‘a right’’; 

9 (2) by striking ‘‘and opportunity’’ and inserting 

10 ‘‘and right’’; and 

11 (3) by striking ‘‘review or hearing’’ each place 

12 it appears and inserting ‘‘proceeding’’. 

13 (b) NOTICE OF PROCEEDING.—Section 438(b) of 

14 such Act (42 U.S.C. 638(b)) is amended by inserting 

15 ‘‘shall have in effect a rule requiring State courts to en16 sure that foster parents, preadoptive parents, and relative 

17 caregivers of a child in foster care under the responsibility 

18 of the State are notified of any proceeding to be held with 

19 respect to the child, and’’ after ‘‘highest State court’’. 

20 SEC. 609. COURT IMPROVEMENT. 

21 Section 438(a)(1) of the Social Security Act (42 

22 U.S.C. 629h(a)(1)) is amended—

23 (1) by striking ‘‘and’’ at the end of subpara24 graph (C); and 

25 (2) by adding at the end the following: 
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1 ‘‘(E) that determine the best strategy to 

2 use to expedite the interstate placement of chil3 dren, including—

4 ‘‘(i) requiring courts in different 

5 States to cooperate in the sharing of infor6 mation; 

7 ‘‘(ii) authorizing courts to obtain in8 formation and testimony from agencies 

9 and parties in other States without requir10 ing interstate travel by the agencies and 

11 parties; and 

12 ‘‘(iii) permitting the participation of 

13 parents, children, other necessary parties, 

14 and attorneys in cases involving interstate 

15 placement without requiring their inter16 state travel; and’’. 

17 SEC. 610. REASONABLE EFFORTS. 

18 (a) IN GENERAL.—Section 471(a)(15)(C) of the So19 cial Security Act (42 U.S.C. 671(a)(15)(C)) is amended 

20 by inserting ‘‘(including, if appropriate, through an inter21 state placement)’’ after ‘‘accordance with the permanency 

22 plan’’. 

23 (b) PERMANENCY HEARING.—Section 

24 471(a)(15)(E)(i) of such Act (42 U.S.C. 671(a)(15)(E)(i)) 

25 is amended by inserting ‘‘, which considers in-State and 
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1 out-of-State permanent placement options for the child,’’ 

2 before ‘‘shall’’. 

3 (c) CONCURRENT PLANNING.—Section 

4 471(a)(15)(F) of such Act (42 U.S.C. 671(a)(15)(F)) is 

5 amended by inserting ‘‘, including identifying appropriate 

6 out-of-State relatives and placements’’ before ‘‘may’’. 

7 SEC. 611. CASE PLANS. 

8 Section 475(1)(E) of the Social Security Act (42 

9 U.S.C. 675(1)(E)) is amended by inserting ‘‘to facilitate 

10 orderly and timely in-State and interstate placements’’ be11 fore the period. 

12 SEC. 612. CASE REVIEW SYSTEM. 

13 Section 475(5)(C) of the Social Security Act (42 

14 U.S.C. 675(5)(C)) is amended—

15 (1) by inserting ‘‘, in the case of a child who 

16 will not be returned to the parent, the hearing shall 

17 consider in-State and out-of-State placement op18 tions,’’ after ‘‘living arrangement’’; and 

19 (2) by inserting ‘‘the hearing shall determine’’ 

20 before ‘‘whether the’’. 

21 SEC. 613. USE OF INTERJURISDICTIONAL RESOURCES. 

22 Section 422(b)(12) of the Social Security Act (42 

23 U.S.C. 622(b)(12)) is amended—

24 (1) by striking ‘‘develop plans for the’’ and in25 serting ‘‘make’’; 
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1 (2) by inserting ‘‘(including through contracts 

2 for the purchase of services)’’ after ‘‘resources’’; and 

3 (3) by inserting ‘‘, and shall eliminate legal bar4 riers,’’ before ‘‘to facilitate’’. 

5 TITLE VII—EFFECTIVE DATE 

6 SEC. 701. EFFECTIVE DATE. 

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

8 this section, the amendments made by this Act shall take 

9 effect on October 1, 2005, and shall apply to payments 

10 under parts B and E of title IV of the Social Security 

11 Act for calendar quarters beginning on or after such date, 

12 without regard to whether regulations to implement the 

13 amendments are promulgated by such date. 

14 (b) DELAY PERMITTED IF STATE LEGISLATION RE15 QUIRED.—If the Secretary of Health and Human Services 

16 determines that State legislation (other than legislation 

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

18 under part B or E of title IV of the Social Security Act 

19 to meet the additional requirements imposed by the 

20 amendments made by a provision of this Act, the plan 

21 shall not be regarded as failing to meet any of the addi22 tional requirements before the 1st day of the 1st calendar 

23 quarter beginning after the 1st regular session of the 

24 State legislature that begins after the date of enactment 

25 of this Act. If the State has a 2-year legislative session, 
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1 each year of the session is deemed to be a separate regular 

2 session of the State legislature.

Æ