I 

113TH CONGRESS 

1ST SESSION H. R. 3124 

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

adoption incentive payments program to incentive payments for foster 

child exits to reunification, adoption, and guardianship, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2013 

Mr. DANNY K. DAVIS of Illinois introduced the following bill; which was 

referred to the Committee on Ways and Means 

A BILL 

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

to extend the adoption incentive payments program to 

incentive payments for foster child exits to reunification, 

adoption, and guardianship, 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 ‘‘Investing in Perma5 nency for Youth in Foster Care Act’’. 


pwalker on DSK7TPTVN1PROD with BILLS
2 

•HR 3124 IH

1 SEC. 2. EXTEND THE ADOPTION INCENTIVE PAYMENT PRO2 GRAM TO INCENTIVE PAYMENTS FOR FOS3 TER CHILD EXITS TO REUNIFICATION, ADOP4 TION, AND GUARDIANSHIP. 

5 (a) IN GENERAL.—Section 473A of the Social Secu6 rity Act (42 U.S.C. 673b) is amended— 

7 (1) in the section heading, by striking ‘‘ADOP8 TION’’ and inserting ‘‘PERMANENCY’’; 

9 (2) in subsection (a), by striking ‘‘adoption’’ 

10 and inserting ‘‘permanency’’; 

11 (3) in subsection (b)— 

12 (A) by striking paragraph (2); 

13 (B) in paragraph (5), by striking ‘‘2008 

14 through 2012’’ and inserting ‘‘2013 through 

15 2017’’; and 

16 (C) by redesignating paragraphs (3) 

17 through (5) as paragraphs (2) through (4), re18 spectively; 

19 (4) in subsection (c)— 

20 (A) by striking paragraphs (1) and (2) and 

21 inserting the following: 

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

23 with this subsection for a particular fiscal year if the 

24 State has provided to the Secretary the data de25 scribed in paragraph (2) for fiscal year 2010 and 


pwalker on DSK7TPTVN1PROD with BILLS
3 

•HR 3124 IH

1 each succeeding fiscal year through the fiscal year 

2 second preceding the particular fiscal year. 

3 ‘‘(2) DETERMINATION OF NUMBERS OF EXITS

4 BASED ON AFCARS DATA.—The Secretary shall de5 termine the numbers of exits to reunification, adop6 tion, and guardianship in a State during a fiscal 

7 year, on the basis of data meeting the requirements 

8 of the system established pursuant to section 479, as 

9 reported by the State and approved by the Secretary 

10 by August 1 of the succeeding fiscal year.’’; and 

11 (B) by adding at the end the following: 

12 ‘‘(4) ANNUAL REPORTS TO THE SECRETARY.— 

13 Beginning 24 months after the effective date of this 

14 paragraph, each State to which a payment is made 

15 under this section for a fiscal year shall submit to 

16 the Secretary and shall make available to the public 

17 annual reports on the amount of the payment that 

18 is attributable to exits to reunification, the amount 

19 that is attributable to exits to adoption, and the 

20 amount that is attributable to exits to guardianship, 

21 and a breakdown of how the State used the total 

22 payment to improve or expand the provision of post23 permanency services in the State.’’; 

24 (5) by striking subsection (d) and inserting the 

25 following: 


pwalker on DSK7TPTVN1PROD with BILLS
4 

•HR 3124 IH

1 ‘‘(d) PERMANENCY INCENTIVE PAYMENT.— 

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2), the permanency incentive payment pay4 able to a State for a fiscal year under this section 

5 shall be equal to the sum of— 

6 ‘‘(A) $2,000, multiplied by the sum of— 

7 ‘‘(i) the amount (if any) by which the 

8 number of exits to adoption in the State 

9 during the fiscal year exceeds the projected 

10 number of exits to adoption in the State 

11 for the fiscal year; 

12 ‘‘(ii) the amount (if any) by which the 

13 number of exits to guardianship in the 

14 State during the fiscal year exceeds the 

15 projected number of exits to guardianship 

16 in the State for the fiscal year; and 

17 ‘‘(iii) the amount (if any) by which 

18 the number of exits to reunification in the 

19 State during the fiscal year exceeds the 

20 projected number of exits to reunification 

21 in the State for the fiscal year; 

22 ‘‘(B) $8,000, multiplied by the sum of— 

23 ‘‘(i) the amount (if any) by which the 

24 number of exits to adoption of older chil25 dren in the State during the fiscal year exVerDate Mar 15 2010 06:22 Sep 21, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3124.IH H3124

pwalker on DSK7TPTVN1PROD with BILLS
5 

•HR 3124 IH

1 ceeds the number of exits to adoption of 

2 older children in the State for the base fis3 cal year; 

4 ‘‘(ii) the amount (if any) by which the 

5 number of exits to guardianship of older 

6 children in the State during the fiscal year 

7 exceeds the number of exits to guardian8 ship of older children in the State for the 

9 base fiscal year; and 

10 ‘‘(iii) the amount (if any) by which 

11 the number of exits to reunification of 

12 older children in the State during the fiscal 

13 year exceeds the number of exits to reunifi14 cation of older children in the State for the 

15 base fiscal year; 

16 ‘‘(C) $6,000, multiplied by the sum of— 

17 ‘‘(i) the amount (if any) by which the 

18 number of exits to adoption of pre-adoles19 cent children in the State during the fiscal 

20 year exceeds the number of exits to adop21 tion of pre-adolescent children in the State 

22 for the base fiscal year; 

23 ‘‘(ii) the amount (if any) by which the 

24 number of exits to guardianship of pre-ad25 olescent children in the State during the 


pwalker on DSK7TPTVN1PROD with BILLS
6 

•HR 3124 IH

1 fiscal year exceeds the number of exits to 

2 guardianship of pre-adolescent children in 

3 the State for the base fiscal year; and 

4 ‘‘(iii) the amount (if any) by which 

5 the number of exits to reunification of pre6 adolescent children in the State during the 

7 fiscal year exceeds the number of exits to 

8 reunification of pre-adolescent children in 

9 the State for the base fiscal year; and 

10 ‘‘(D) $4,000, multiplied by the amount (if 

11 any) by which the number of special needs 

12 adoptions of young children in the State during 

13 the fiscal year exceeds the number of special 

14 needs adoptions of young children in the State 

15 for the base fiscal year. 

16 ‘‘(2) PRO RATA ADJUSTMENT IF INSUFFICIENT

17 FUNDS AVAILABLE.—For any fiscal year, if the total 

18 amount of permanency incentive payments otherwise 

19 payable under this section for a fiscal year exceeds 

20 the amount appropriated pursuant to subsection (h) 

21 for the fiscal year, the amount of the permanency 

22 incentive payment payable to each State under this 

23 section for the fiscal year shall be— 

24 ‘‘(A) the amount of the permanency incen25 tive payment that would otherwise be payable to 


pwalker on DSK7TPTVN1PROD with BILLS
7 

•HR 3124 IH

1 the State under this section for the fiscal year; 

2 multiplied by 

3 ‘‘(B) the percentage represented by the 

4 amount so appropriated for the fiscal year, di5 vided by the total amount of permanency incen6 tive payments otherwise payable under this sec7 tion for the fiscal year.’’; 

8 (6) in subsection (f), by striking ‘‘any service 

9 (including post-adoption services) that may be pro10 vided under part B or E.’’ and inserting ‘‘post-per11 manency services to help ensure that children re12 main with the families with whom they have been re13 unified, adopted, or placed for guardianship, and a 

14 State shall not use the amount to supplant other 

15 funds being used for the services.’’; 

16 (7) by striking subsection (g) and inserting the 

17 following: 

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

19 ‘‘(1) ADOPTION.—The term ‘adoption’ means 

20 the final adoption of a child who, at the time of 

21 adoptive placement, was in foster care under the su22 pervision of the State. 

23 ‘‘(2) BASE FISCAL YEAR.—The term ‘base fiscal 

24 year’ means fiscal year 2012. 


pwalker on DSK7TPTVN1PROD with BILLS
8 

•HR 3124 IH

1 ‘‘(3) EXIT TO REUNIFICATION.—The term ‘exit 

2 to reunification’ means, with respect to a State and 

3 a fiscal year, the permanent reunification of a child 

4 who was in foster care under the responsibility of 

5 the State for a period of at least 90 consecutive days 

6 in the fiscal year, excluding any such placement of 

7 children who returned to foster care in the fiscal 

8 year. 

9 ‘‘(4) FOSTER CHILDREN.—The term ‘foster 

10 children’ means, with respect to a State and a fiscal 

11 year, children in foster care under the responsibility 

12 of the State for a period of at least 90 consecutive 

13 days in the fiscal year. 

14 ‘‘(5) GUARDIANSHIP.—The term ‘guardianship’ 

15 means the placement with a relative guardian of a 

16 child with respect to whom— 

17 ‘‘(A) a payment is made under section 

18 474(a)(5); or 

19 ‘‘(B) a payment is made using only State 

20 or local guardianship assistance funds, and the 

21 case plan for the child documents the steps that 

22 the agency has taken to determine that it is not 

23 appropriate for the child to be returned home 

24 or adopted. 


pwalker on DSK7TPTVN1PROD with BILLS
9 

•HR 3124 IH

1 ‘‘(6) OLDER CHILDREN.—The term ‘older chil2 dren’ means children who have attained 14 years of 

3 age. 

4 ‘‘(7) ADOPTION PLACEMENT RATE.—The term 

5 ‘adoption placement rate’ means, with respect to a 

6 State and a fiscal year— 

7 ‘‘(A) the total number of exits to adoption 

8 in the State during the fiscal year; divided by 

9 ‘‘(B) the number of children in foster care 

10 under the responsibility of the State on the last 

11 day of the preceding fiscal year. 

12 ‘‘(8) GUARDIANSHIP PLACEMENT RATE.—The 

13 term ‘guardianship placement rate’ means, with re14 spect to a State and a fiscal year— 

15 ‘‘(A) the total number of exits to guardian16 ship in the State during the fiscal year; divided 

17 by 

18 ‘‘(B) the number of children in foster care 

19 under the responsibility of the State on the last 

20 day of the preceding fiscal year. 

21 ‘‘(9) REUNIFICATION PLACEMENT RATE.—The 

22 term ‘reunification placement rate’ means, with re23 spect to a State and a fiscal year— 


pwalker on DSK7TPTVN1PROD with BILLS
10 

•HR 3124 IH

1 ‘‘(A) the total number of exits to reunifica2 tion in the State during the fiscal year; divided 

3 by 

4 ‘‘(B) the number of foster children with re5 spect to the State for the fiscal year. 

6 ‘‘(10) POST-PERMANENCY SERVICES.—The 

7 term ‘post-permanency services’ means the services 

8 needed once children and youth have been reunified, 

9 adopted, or placed with guardians to stabilize and 

10 support the child and family, including— 

11 ‘‘(A) financial support; 

12 ‘‘(B) case management; 

13 ‘‘(C) connections with community services; 

14 ‘‘(D) individual, group and family coun15 seling and other mental health services; 

16 ‘‘(E) respite care; and 

17 ‘‘(F) training of public and private child 

18 welfare staff on delivering post-permanency 

19 services. 

20 ‘‘(11) PRE-ADOLESCENT CHILDREN.—The term 

21 ‘pre-adolescent children’ means children who have 

22 attained 9 years of age but have not attained 14 

23 years of age. 

24 ‘‘(12) PROJECTED NUMBER OF EXITS TO ADOP25 TION.—The term ‘projected number of exits to adopVerDate Mar 15 2010 06:22 Sep 21, 2013 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3124.IH H3124

pwalker on DSK7TPTVN1PROD with BILLS
11 

•HR 3124 IH

1 tion’ means, with respect to a State and a fiscal 

2 year— 

3 ‘‘(A) the number of children in foster care 

4 under the responsibility of the State as of the 

5 last day of the preceding fiscal year; multiplied 

6 by 

7 ‘‘(B) the average of the adoption place8 ment rates for the State for the 3 fiscal years 

9 most recently preceding the fiscal year referred 

10 to in subparagraph (A). 

11 ‘‘(13) PROJECTED NUMBER OF EXITS TO

12 GUARDIANSHIP.—The term ‘projected number of 

13 exits to guardianship’ means, with respect to a State 

14 and a fiscal year— 

15 ‘‘(A) the number of children in foster care 

16 under the responsibility of the State as of the 

17 last day of the preceding fiscal year; multiplied 

18 by 

19 ‘‘(B) the average of the guardianship 

20 placement rates for the State for the 3 fiscal 

21 years most recently preceding the fiscal year re22 ferred to in subparagraph (A). 

23 ‘‘(14) PROJECTED NUMBER OF EXITS TO RE24 UNIFICATION.—The term ‘projected number of exits 


pwalker on DSK7TPTVN1PROD with BILLS
12 

•HR 3124 IH

1 to reunification’ means, with respect to a State and 

2 a fiscal year— 

3 ‘‘(A) the number of foster children with re4 spect to the State for the fiscal year; multiplied 

5 by 

6 ‘‘(B) the average of the reunification place7 ment rates for the State for the 3 fiscal years 

8 most recently preceding the fiscal year referred 

9 to in subparagraph (A). 

10 ‘‘(15) REUNIFICATION.—The term ‘reunifica11 tion’ means an exit from foster care to a relative 

12 with whom the child was living before the placement 

13 into foster care or to another relative. 

14 ‘‘(16) SPECIAL NEEDS ADOPTION.—The term 

15 ‘special needs adoption’ means the final adoption of 

16 a child— 

17 ‘‘(A) who has special needs (as defined by 

18 the State); or 

19 ‘‘(B) for whom an adoption assistance 

20 agreement is in effect under section 473. 

21 ‘‘(17) YOUNG CHILDREN.—The term ‘young 

22 children’ means children who have not attained 9 

23 years of age.’’; 

24 (8) in subsection (h)(1)— 


pwalker on DSK7TPTVN1PROD with BILLS
13 

•HR 3124 IH

1 (A) by striking ‘‘and’’ at the end of sub2 paragraph (C); 

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

4 subparagraph (D) and inserting ‘‘; and’’; and 

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

6 ‘‘(E) $60,000,000 for each of fiscal years 

7 2014 through 2018.’’; and 

8 (9) in subsection (i)— 

9 (A) by striking paragraphs (1) through (3) 

10 and inserting the following: 

11 ‘‘(1) IN GENERAL.—The Secretary may, di12 rectly or through grants or contracts, provide tech13 nical assistance to assist States and local commu14 nities to reach their targets for increased numbers of 

15 exits to adoption, guardianship, and reunification. 

16 ‘‘(2) DESCRIPTION OF THE CHARACTER OF THE

17 TECHNICAL ASSISTANCE.—The technical assistance 

18 provided under paragraph (1) shall support the goal 

19 of encouraging more permanent exits of children 

20 from foster care, and may include the following: 

21 ‘‘(A) Models that encourage child-specific 

22 and child-focused efforts to recruit permanent 

23 families for children. 

24 ‘‘(B) Models that encourage the use of in25 tensive family-finding efforts. 


pwalker on DSK7TPTVN1PROD with BILLS
14 

•HR 3124 IH

1 ‘‘(C) Models to encourage the use of con2 current planning. 

3 ‘‘(D) The development of permanency 

4 units and specialized expertise to help move 

5 children promptly to permanency goals. 

6 ‘‘(E) The development of assessment tools 

7 to facilitate appropriate reunification or other 

8 permanency options. 

9 ‘‘(F) The development of best practice 

10 guidelines for expediting permanency for chil11 dren and, where, appropriate, termination of 

12 parental rights. 

13 ‘‘(G) Development of programs that place 

14 children into pre-adoptive families while termi15 nation of parental rights is being pursued. 

16 ‘‘(H) Models to encourage the fast track17 ing of children who have not attained 1 year of 

18 age and cannot be reunified, into permanent 

19 adoptive or guardianship families. 

20 ‘‘(I) Models that require ongoing con21 sulting with children who have attained 9 years 

22 of age about their permanency goal, including 

23 asking the children and youth about any adults 

24 who may serve as permanent parents through 

25 adoptions or guardianship. 


pwalker on DSK7TPTVN1PROD with BILLS
15 

•HR 3124 IH

1 ‘‘(J) Development of strategies designed to 

2 promote the use by a State of the guardianship 

3 assistance program under this part.’’; and 

4 (B) in paragraph (4)— 

5 (i) by striking ‘‘(4)’’ and inserting 

6 ‘‘(3)’’; and 

7 (ii) by striking ‘‘2004 through 2006’’ 

8 and inserting ‘‘2014 through 2018’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) shall take effect on October 1, 2013. 

Æ 


pwalker on DSK7TPTVN1PROD with BILLS