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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1511 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1511

   To amend part E of title IV of the Social Security Act to remove 
      barriers to the adoption of children in foster care through 
reauthorization and improvement of the adoption incentives program, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 17, 2013

 Mr. Rockefeller (for himself and Mr. Casey) 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 remove 
      barriers to the adoption of children in foster care through 
reauthorization and improvement of the adoption incentives program, and 
                          for other purposes.

    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 ``Removing Barriers to Adoption and 
Supporting Families Act of 2013''.

SEC. 2. REAUTHORIZATION OF ADOPTION INCENTIVE PAYMENTS.

    (a) In General.--Section 473A of the Social Security Act (42 U.S.C. 
673b) is amended--
            (1) in subsection (b)(5), by striking ``2008 through 2012'' 
        and inserting ``2013 through 2017''; and
            (2) in subsection (h)--
                    (A) in paragraph (1)(D), by striking ``2013'' and 
                inserting ``2018''; and
                    (B) in paragraph (2), by striking ``2013'' and 
                inserting ``2018''.

SEC. 3. ENCOURAGEMENT OF INTERSTATE ADOPTIONS.

    (a) Additional Incentive Payment for Sending and Receiving States 
of an Interstate Adoption.--
            (1) In general.--Section 473A(d) of the Social Security Act 
        (42 U.S.C. 673b(d)) is amended--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``and (3)'' and inserting 
                        ``(3), and (4)'';
                            (ii) in subparagraph (B), by striking 
                        ``and'' after the semicolon;
                            (iii) in subparagraph (C), by inserting 
                        ``or'' after the semicolon; and
                            (iv) by adding at the end the following:
                    ``(D) subject to paragraph (4), $8,000 multiplied 
                by the amount (if any) by which the number of 
                interstate adoptions in the State during the fiscal 
                year exceeds the base number of interstate adoptions 
                for the State for the fiscal year.''; and
                    (B) by adding at the end the following:
            ``(4) Sending and receiving states sharing of interstate 
        adoption incentive payment.--The Secretary shall pay each State 
        that was a receiving State for an interstate adoptive placement 
        for a fiscal year, a pro rata share of the portion of the 
        adoption incentive payment paid to the sending State for the 
        fiscal year under this section that is attributable to the 
        amount determined under paragraph (1)(D).''.
            (2) Conforming amendments.--Section 473A of such Act (42 
        U.S.C. 673b) is amended--
                    (A) in subsection (b)(2)--
                            (i) in subparagraph (B), by striking ``or'' 
                        after the semicolon;
                            (ii) in subparagraph (C), by inserting 
                        ``or'' after the semicolon; and
                            (iii) by adding at the end the following:
                    ``(D) the number of interstate adoptions in the 
                State during the fiscal year exceeds the base number of 
                interstate adoptions for the State in the fiscal 
                year;''; and
                    (B) in subsection (g), by adding at the end the 
                following:
            ``(9) Base number of interstate adoptions.--The term `base 
        number of interstate adoptions for a State' means, with respect 
        to any fiscal year, the number of interstate child adoptions in 
        the State in fiscal year 2012.
            ``(10) Interstate adoptions.--The term `interstate 
        adoptions' means the final adoption of a child who, at the time 
        of adoptive placement out-of-State, was in foster care under 
        the supervision of the State or for whom an adoption assistance 
        agreement was in effect under section 473 with respect to the 
        child.
            ``(11) Receiving state.--The term `receiving State' means 
        the State in which the adoptive parents reside at the time of 
        final adoption of a child from another State.
            ``(12) Sending state.--The term `sending State' means the 
        State in which the child resided before being placed for an 
        adoption in another State.''.
    (b) Requirement To Report Data on Interstate Adoptions.--Section 
473A(c) of such Act (42 U.S.C. 673b(c)) is amended by adding at the end 
the following:
            ``(4) Determination of numbers of interstate adoptions 
        based on state reporting of data.--
                    ``(A) In general.--A State is in compliance with 
                this subsection for a fiscal year if the State has 
                provided to the Secretary the following data with 
                respect to the preceding fiscal year:
                            ``(i) The total number of interstate 
                        adoptions completed by the State with respect 
                        to children in foster care under the 
                        responsibility of the State, and with respect 
                        to each such adoption the identity of the other 
                        State involved.
                            ``(ii) The total number of adoptions 
                        completed by the State with respect to children 
                        who were in foster care under the 
                        responsibility of other States, and with 
                        respect to each such adoption, the identity of 
                        the other State involved.
                            ``(iii) Such other information as the 
                        Secretary may require in order to determine 
                        whether the State is eligible for an adoption 
                        incentive payment under subsection (d)(1)(D) 
                        for the fiscal year.
                    ``(B) Verification of data.--The Secretary shall 
                verify the data submitted by a State under subparagraph 
                (A).''.

SEC. 4. NATIONAL STANDARDS FOR STATE HOME STUDIES.

    (a) National Standards for State Home Studies.--Section 476 of the 
Social Security Act (42 U.S.C. 676) is amended by adding at the end the 
following:
    ``(d) National Standards for State Home Studies.--
            ``(1) In general.--Not later than 12 months after the date 
        of enactment of this subsection, the Secretary shall develop 
        national standards for home studies for use in evaluating 
        potential foster and adoptive parents. In developing these 
        standards, the Secretary shall consult with a working group 
        composed of representatives of the adoption and foster care 
        community, experts in the field of social work, State child 
        welfare leaders and other qualified individuals.
            ``(2) Periodic review and updating.--The Secretary shall 
        periodically review and update, as appropriate, the standards 
        developed under this subsection.''.
    (b) Enhanced Matching Rate for States Adopting Home Study in 
Compliance With National Standards.--Section 474 of the Social Security 
Act (42 U.S.C. 674) is amended--
            (1) in each of paragraphs (1) and (2) of subsection (a), by 
        inserting ``subject to subsection (h),'' before ``an amount 
        equal to the Federal''; and
            (2) by adding at the end the following:
    ``(h) The percentage applicable under paragraphs (1) and (2) of 
subsection (a) for amounts expended during a quarter by a State or the 
District of Columbia, or, in the case of an Indian tribe, tribal 
organization, or tribal consortium that has elected to operate a 
program under this part in accordance with section 479B, the tribal 
FMAP, referred to in such paragraphs, shall be increased by 5 
percentage points for each quarter that begins on or after the 
effective date of an election by the State, District of Columbia, or 
Indian tribe, tribal organization, or tribal consortium operating a 
program under this part in accordance with section 479B, to use the 
home study standards developed under section 476(d).''.

SEC. 5. LIMITING ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT AS A 
              PERMANENCY OPTION.

    (a) Elimination of Option for Children Under Age 17.--Section 
475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C)) is amended 
by inserting ``only if the child has attained age 17'' before ``(in 
cases where the State agency has documented''.
    (b) GAO Report on Use of Another Planned Permanent Living 
Arrangement Placements.--The Comptroller General of the United States 
shall conduct a study and submit a report to Congress regarding--
            (1) the number of children in each State (as defined for 
        purposes of parts B and E of title IV of the Social Security 
        Act (42 U.S.C. 621 et seq., 670 et seq.)) that are assigned a 
        permanency goal of another planned permanent living arrangement 
        for the most recent fiscal year for which data are available;
            (2) with respect to such fiscal years and on a State-by-
        State basis, the ages, gender, race, and special needs of 
        children whose permanency goal is another planned permanent 
        living arrangement;
            (3) a review and analysis of court practices for 
        determining that another planned permanent living arrangement 
        is the appropriate placement for a child;
            (4) information with respect to foster youths' involvement 
        in deciding to enter into a permanency goal of another planned 
        permanent living arrangement, including, but not limited to, 
        how another planned permanent living arrangement is presented 
        as an option to foster youth, how involved foster youth are in 
        selecting the option, and what alternative options are offered 
        instead of another planned permanent living arrangement; and
            (5) a summary of the reasons that reunification, adoption, 
        kinship care, or guardianship were not found to be in the best 
        interests of the child.

SEC. 6. INCREASED FUNDING SUPPORT FOR POST-ADOPTION AND POST-PERMANENCY 
              SERVICES.

    (a) Dedicated Use of Portion of Savings From Adoption Assistance 
De-Linkage for Post-Adoption and Post-Permanency Services.--Section 
473(a)(8) of the Social Security Act (42 U.S.C. 673(a)(8)) is amended--
            (1) by inserting ``(A)'' after ``(8)'';
            (2) by striking ``(including post-adoption services)'';
            (3) by striking ``, including on post-adoption services.'' 
        and inserting ``. A State shall spend an amount equal to 20 
        percent of the amount of such savings to provide post-adoption 
        and post-permanency services to children or families and shall 
        document how such amounts are spent.''; and
            (4) by adding at the end the following:
            ``(B) The Secretary shall establish a formula for States to 
        use to calculate the amount of savings in State expenditures 
        under this part resulting from the application of paragraph 
        (2)(A)(ii) to all applicable children for a fiscal year based 
        on the State and Federal shares of expenditures for adoption 
        assistance payments under this section as of fiscal year 
        2009.''.
    (b) Dedicated Uses of Promoting Safe and Stable Families Funds 
Including for Post-Adoption and Post-Permanency Services.--Section 
432(a)(4) of the Social Security Act (42 U.S.C. 629b(a)(4)) is amended 
to read as follows:
            ``(4) contains assurances that not more than 10 percent of 
        the expenditures under the plan for any fiscal year with 
        respect to which the State is eligible for payment under 
        section 434 for the fiscal year shall be for administrative 
        costs, and 20 percent of remaining expenditures shall be for 
        programs of family preservation services, 20 percent for 
        community based family support services, 20 percent for time-
        limited family reunification services, 10 percent for adoption 
        promotion, and 10 percent for post-adoption and post-permanency 
        services;''.
    (c) Post-Adoption and Post-Permanency Services Defined.--Section 
431(a) of the Social Security Act (42 U.S.C. 629a(a)) is amended by 
adding at the end the following:
            ``(10) Post-adoption and post-permanency services.--The 
        term `post-adoption and post-permanency services' means 
        services for children placed in adoptive, kinship, or 
        guardianship placements and their families, and may include any 
        or all of the following:
                    ``(A) Individual counseling.
                    ``(B) Group counseling.
                    ``(C) Family counseling.
                    ``(D) Case management.
                    ``(E) Respite care.
                    ``(F) Training of public adoption personnel, 
                personnel of private child welfare and adoption 
                agencies licensed by the State to provide adoption 
                services, mental health services professionals, and 
                other support personnel to provide services under this 
                part and part E.
                    ``(G) Assistance to adoptive parent organizations.
                    ``(H) Assistance to support groups for adoptive 
                parents, adopted children, and siblings of adopted 
                children.
                    ``(I) Rigorous evaluations of post-adoption and 
                post-permanency services.''.

SEC. 7. ENCOURAGING DEVELOPMENT OF ROBUST, COMPREHENSIVE PRACTICE 
              MODELS OF ADOPTIONS FROM FOSTER CARE.

    (a) State Plan Amendment.--Section 471(a) of the Social Security 
Act (42 U.S.C. 671(a)) is amended--
            (1) in paragraph (32), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (33), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(34) provides that the State will engage in public-
        private partnerships to promote evidence-based child-focused 
        recruitment practices that focus measurable attention on the 
        adoption of children out of foster care with an emphasis on 
        those children most at risk of aging out of care .''.
    (b) Technical Assistance.--The Secretary of Health and Human 
Services shall provide guidance and technical assistance to State child 
welfare agencies on the use of Federal funds available under section 
474 (a)(3)(B) of the Social Security Act (42 U.S.C. 674(a)(3)(B)) for 
training for the implementation of intensive recruitment and child-
focused strategies that have been shown to increase permanent 
placements for older youth in foster care.

SEC. 8. ENCOURAGING PLACEMENT OF CHILDREN WITH SIBLINGS.

    (a) State Plan Amendment.--Section 471(a)(29) of the Social 
Security Act (42 U.S.C. 671(a)(29)) is amended by striking ``all adult 
grandparents'' and inserting ``notice to the following relatives: all 
adult grandparents, all parents of the child's siblings, where such 
parent has legal custody of such sibling,''.
    (b) Definition of Siblings.--Section 475 of the Social Security Act 
(42 U.S.C. 675) is amended by adding at the end the following:
            ``(9) The term `siblings' means individuals who satisfy at 
        least one of the following conditions:
                    ``(A) The individuals are considered by State law 
                to be siblings.
                    ``(B) The individuals would have been considered 
                siblings under State law but for termination of 
                parental rights or other disruption of parental rights, 
                such as the death of a parent.''.

SEC. 9. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the 
amendments made this Act shall take effect on October 1, 2013.
    (b) Delay Permitted if State Legislation Required.--In the case of 
a State plan approved under part B or E of title IV of the Social 
Security Act which the Secretary of Health and Human Services 
determines requires State legislation (other than legislation 
appropriating funds) in order for the plan to meet the additional 
requirements imposed by this Act, the State plan shall not be regarded 
as failing to comply with the requirements of such part solely on the 
basis of the failure of the plan to meet such additional requirements 
before the 1st day of the 1st calendar quarter beginning after the 
close of the 1st regular session of the State legislature that ends 
after the 1-year period beginning with the date of the enactment of 
this Act. For purposes of the preceding sentence, in the case of a 
State that has a 2-year legislative session, each year of the session 
is deemed to be a separate regular session of the State legislature.

SEC. 10. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
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