II 

111TH CONGRESS 

1ST SESSION S. 1286 

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

in foster care to be placed with their parents in residential family treatment centers that provide safe environments for treating addiction and 

promoting healthy parenting. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2009 

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 allow children in foster care to be placed with their 

parents in residential family treatment centers that provide safe environments for treating addiction and promoting healthy parenting. 

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 ‘‘Keeping Families Safe 

5 Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) The 2001 report by the Center for Sub2 stance Abuse Treatment (CSAT) of the Pregnant 

3 and Postpartum Women and Their Infants Pro4 gram, which provides comprehensive, family based 

5 treatment for substance abusing mothers and their 

6 children, found that at 6 months post treatment— 

7 (A) 60 percent of the mothers remained al8 cohol and drug-free; 

9 (B) drug-related offenses declined from 28 

10 percent to 7 percent; and 

11 (C) 75 percent of the mothers had physical 

12 custody of 1 or more children. 

13 (2) The 2003 evaluation of the Center for Sub14 stance Abuse Treatment (CSAT) of the Pregnant 

15 and Postpartum Women and Their Infants Program 

16 of 24 residential family based treatment programs 6 

17 months after treatment revealed the following suc18 cessful outcomes for mothers and their children: 

19 (A) 60 percent of the mothers in the pro20 grams remained completely clean and sober 6 

21 months after discharge. 

22 (B) 44 percent of the children in the pro23 grams were returned to their mothers from fos24 ter care. 


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1 (C) 88 percent of the children treated in 

2 the programs with their mothers remained sta3 bilized and living with their mothers, 6 months 

4 after discharge. 

5 (3) The Center for Substance Abuse Treatment 

6 (CSAT) of the Pregnant and Postpartum Women 

7 and Their Infants Program has found that rates of 

8 premature delivery, low birth weight, and infant 

9 mortality were improved for women who participated 

10 in the program, the costs of treating such women 

11 were offset by as much as 3 to 4 times the savings 

12 that resulted from reduced costs of crime, foster 

13 care, and Temporary Assistance to Needy Families 

14 (TANF) assistance, and adverse birth outcomes. 

15 SEC. 3. AUTHORITY FOR STATES TO MAKE FOSTER CARE 

16 MAINTENANCE PAYMENTS TO RESIDENTIAL 

17 FAMILY TREATMENT CENTERS. 

18 (a) IN GENERAL.— 

19 (1) IN GENERAL.—Section 472 of the Social 

20 Security Act (42 U.S.C. 672) is amended— 

21 (A) in subsection (b)(2)— 

22 (i) by inserting ‘‘or a residential fam23 ily treatment center’’ after ‘‘child-care in24 stitution’’; and 


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1 (ii) by inserting ‘‘or residential family 

2 treatment center’’ after ‘‘such institution’’; 

3 and 

4 (B) in subsection (c)— 

5 (i) by striking ‘‘and’’ before ‘‘(2)’’; 

6 and 

7 (ii) by inserting before the period at 

8 the end the following: ‘‘; and (3) the term 

9 ‘residential family treatment center’ means 

10 a State licensed program that enables par11 ents and their children to live in a safe en12 vironment for a period of not less than 6 

13 months and provides, on-site or by referral, 

14 substance abuse treatment services, chil15 dren’s early intervention services, family 

16 counseling, legal services, medical care, 

17 mental health services, nursery and pre18 school, parenting skills training, pediatric 

19 care, prenatal care, sexual abuse therapy, 

20 relapse prevention, transportation, and job 

21 or vocational training or classes leading to 

22 a secondary school diploma or a certificate 

23 of general equivalence’’. 

24 (2) EFFECTIVE DATE.—The amendments made 

25 by paragraph (1) shall take effect on October 1, 


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1 2009, without regard to whether regulations imple2 menting such amendments are promulgated by such 

3 date. 

4 (b) EVALUATION AND REPORT.—The Secretary of 

5 Health and Human Services shall, by grant, contract, or 

6 interagency agreement, evaluate the foster care mainte7 nance payments made under section 472(b)(2) of the So8 cial Security Act on behalf of a child who is in a residential 

9 family treatment center (as amended by subsection 

10 (a)(1)(A)) and, not later than 3 years after the date of 

11 enactment of this Act, shall submit a report to Congress 

12 on the results of such evaluation that includes an analysis 

13 of the outcomes for the children in foster care on whose 

14 behalf such payments are made. 

Æ 


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