II 

Calendar No. 463 

109TH CONGRESS 

2D SESSION H. R. 5403 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2006 

Received 

MAY 26, 2006 

Read the first time 

JUNE 5, 2006 

Read the second time and placed on the calendar 

AN ACT 

To improve protections for children and to hold States accountable for the safe and timely placement of children 

across State lines, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Safe and Timely Inter3 state Placement of Foster Children Act of 2006’’. 

4 SEC. 2. SENSE OF THE CONGRESS. 

5 It is the sense of the Congress that— 

6 (1) the States should expeditiously ratify the re7 vised Interstate Compact for the Placement of Chil8 dren recently promulgated by the American Public 

9 Human Services Association; 

10 (2) this Act and the revised Interstate Compact 

11 for the Placement of Children should not apply to 

12 those seeking placement in a licensed residential fa13 cility primarily to access clinical mental heath serv14 ices; 

15 (3) the States should recognize and implement 

16 the deadlines for the completion and approval of 

17 home studies as provided in section 4 to move chil18 dren more quickly into safe, permanent homes; and 

19 (4) Federal policy should encourage the safe 

20 and expedited placement of children into safe, per21 manent homes across State lines. 

22 SEC. 3. ORDERLY AND TIMELY PROCESS FOR INTERSTATE 

23 PLACEMENT OF CHILDREN. 

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

25 671(a)) is amended— 


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

2 (23); 

3 (2) by striking the period at the end of para4 graph (24) and inserting ‘‘; and’’; and 

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

6 ‘‘(25) provide that the State shall have in effect 

7 procedures for the orderly and timely interstate 

8 placement of children; and procedures implemented 

9 in accordance with an interstate compact, if incor10 porating with the procedures prescribed by para11 graph (26), shall be considered to satisfy the re12 quirement of this paragraph.’’. 

13 SEC. 4. HOME STUDIES. 

14 (a) ORDERLY PROCESS.— 

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

16 Security Act (42 U.S.C. 671(a)) is further amend17 ed— 

18 (A) by striking ‘‘and’’ at the end of para19 graph (24); 

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

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

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

23 ‘‘(26) provides that— 

24 ‘‘(A)(i) within 60 days after the State re25 ceives from another State a request to conduct 


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1 a study of a home environment for purposes of 

2 assessing the safety and suitability of placing a 

3 child in the home, the State shall, directly or by 

4 contract— 

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

6 and 

7 ‘‘(II) return to the other State a re8 port on the results of the study, which 

9 shall address the extent to which place10 ment in the home would meet the needs of 

11 the child; and 

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

13 or before September 30, 2008, if the State fails 

14 to comply with clause (i) within the 60-day pe15 riod as a result of circumstances beyond the 

16 control of the State (such as a failure by a Fed17 eral agency to provide the results of a back18 ground check, or the failure by any entity to 

19 provide completed medical forms, requested by 

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

21 60-day period), the State shall have 75 days to 

22 comply with clause (i) if the State documents 

23 the circumstances involved and certifies that 

24 completing the home study is in the best inter25 ests of the child; except that 


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1 ‘‘(iii) this subparagraph shall not be con2 strued to require the State to have completed, 

3 within the applicable period, the parts of the 

4 home study involving the education and train5 ing of the prospective foster or adoptive par6 ents; 

7 ‘‘(B) the State shall treat any report de8 scribed in subparagraph (A) that is received 

9 from another State or an Indian tribe (or from 

10 a private agency under contract with another 

11 State) as meeting any requirements imposed by 

12 the State for the completion of a home study 

13 before placing a child in the home, unless, with14 in 14 days after receipt of the report, the State 

15 determines, based on grounds that are specific 

16 to the content of the report, that making a de17 cision in reliance on the report would be con18 trary to the welfare of the child; and 

19 ‘‘(C) the State shall not impose any re20 striction on the ability of a State agency admin21 istering, or supervising the administration of, a 

22 State program operated under a State plan ap23 proved under this part to contract with a pri24 vate agency for the conduct of a home study de25 scribed in subparagraph (A).’’. 


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1 (2) REPORT TO THE CONGRESS.—Within 12 

2 months after the date of the enactment of this Act, 

3 the Secretary of Health and Human Services shall 

4 submit to the Committee on Ways and Means of the 

5 House of Representatives and the Committee on Fi6 nance of the Senate a written report on— 

7 (A) how frequently States need the ex8 tended 75-day period provided for in clause (ii) 

9 of section 471(a)(26)(A) of the Social Security 

10 Act in order to comply with clause (i) of such 

11 section; 

12 (B) the reasons given for utilizing the ex13 tended compliance period; 

14 (C) the extent to which utilizing the ex15 tended compliance period leads to the resolution 

16 of the circumstances beyond the control of the 

17 State; and 

18 (D) the actions taken by States and any 

19 relevant Federal agencies to resolve the need 

20 for the extended compliance period. 

21 (3) SENSE OF THE CONGRESS.—It is the sense 

22 of the Congress that each State should— 

23 (A) use private agencies to conduct home 

24 studies when doing so is necessary to meet the 


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1 requirements of section 471(a)(26) of the Social 

2 Security Act; and 

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

4 study report completed by any other State or 

5 an Indian tribe with respect to the placement of 

6 a child in foster care or for adoption. 

7 (b) TIMELY INTERSTATE HOME STUDY INCENTIVE

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

9 (42 U.S.C. 670–679b) is amended by inserting after sec10 tion 473A the following: 

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

12 PAYMENTS. 

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

14 a grant to each State that is a home study incentive-eligi15 ble State for a fiscal year in an amount equal to the timely 

16 interstate home study incentive payment payable to the 

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

18 be payable in the immediately succeeding fiscal year. 

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

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

21 year if— 

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

23 part for the fiscal year; 

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

25 (c) for the fiscal year; and 


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1 ‘‘(3) based on data submitted and verified pur2 suant to subsection (c), the State has completed a 

3 timely interstate home study during the fiscal year. 

4 ‘‘(c) DATA REQUIREMENTS.— 

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

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

7 provided to the Secretary a written report, covering 

8 the preceding fiscal year, that specifies— 

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

10 studies requested by the State with respect to 

11 children in foster care under the responsibility 

12 of the State, and with respect to each such 

13 study, the identity of the other State involved; 

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

15 home studies completed by the State with re16 spect to children in foster care under the re17 sponsibility of other States, and with respect to 

18 each such study, the identity of the other State 

19 involved; and 

20 ‘‘(C) such other information as the Sec21 retary may require in order to determine wheth22 er the State is a home study incentive-eligible 

23 State. 

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

25 the number of timely interstate home studies to be 


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1 attributed to a State under this section, the Sec2 retary shall check the data provided by the State 

3 under paragraph (1) against complementary data so 

4 provided by other States. 

5 ‘‘(d) TIMELY INTERSTATE HOME STUDY INCENTIVE

6 PAYMENTS.— 

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

8 study incentive payment payable to a State for a fis9 cal year shall be $1,500, multiplied by the number 

10 of timely interstate home studies attributed to the 

11 State under this section during the fiscal year, sub12 ject to paragraph (2). 

13 ‘‘(2) PRO RATA ADJUSTMENT IF INSUFFICIENT

14 FUNDS AVAILABLE.—If the total amount of timely 

15 interstate home study incentive payments otherwise 

16 payable under this section for a fiscal year exceeds 

17 the total of the amounts made available pursuant to 

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

19 below zero) by the total of the amounts (if any) pay20 able under paragraph (3) of this subsection with re21 spect to the preceding fiscal year), the amount of 

22 each such otherwise payable incentive payment shall 

23 be reduced by a percentage equal to— 

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

25 available (as so reduced); divided by 


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

2 incentive payments. 

3 ‘‘(3) APPROPRIATIONS AVAILABLE FOR UNPAID

4 INCENTIVE PAYMENTS FOR PRIOR FISCAL YEARS.— 

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

6 this section are reduced under paragraph (2) or 

7 subparagraph (B) of this paragraph for a fiscal 

8 year, then, before making any other payment 

9 under this section for the next fiscal year, the 

10 Secretary shall pay each State whose payment 

11 was so reduced an amount equal to the total 

12 amount of the reductions which applied to the 

13 State, subject to subparagraph (B) of this para14 graph. 

15 ‘‘(B) PRO RATA ADJUSTMENT IF INSUFFI16 CIENT FUNDS AVAILABLE.—If the total amount 

17 of payments otherwise payable under subpara18 graph (A) of this paragraph for a fiscal year ex19 ceeds the total of the amounts made available 

20 pursuant to subsection (h) for the fiscal year, 

21 the amount of each such payment shall be re22 duced by a percentage equal to— 

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

24 available; divided by 


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1 ‘‘(ii) the total of such otherwise pay2 able payments. 

3 ‘‘(e) TWO-YEAR AVAILABILITY OF INCENTIVE PAY4 MENTS.—Payments to a State under this section in a fis5 cal year shall remain available for use by the State 

6 through the end of the next fiscal year. 

7 ‘‘(f) LIMITATIONS ON USE OF INCENTIVE PAY8 MENTS.—A State shall not expend an amount paid to the 

9 State under this section except to provide to children or 

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

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

12 by a State in accordance with the preceding sentence shall 

13 be disregarded in determining State expenditures for pur14 poses of Federal matching payments under sections 423, 

15 434, and 474. 

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

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

18 means an evaluation of a home environment con19 ducted in accordance with applicable requirements of 

20 the State in which the home is located, to determine 

21 whether a proposed placement of a child would meet 

22 the individual needs of the child, including the 

23 child’s safety, permanency, health, well-being, and 

24 mental, emotional, and physical development. 


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

2 ‘interstate home study’ means a home study con3 ducted by a State at the request of another State, 

4 to facilitate an adoptive or foster placement in the 

5 State of a child in foster care under the responsi6 bility of the State. 

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

8 term ‘timely interstate home study’ means an inter9 state home study completed by a State if the State 

10 provides to the State that requested the study, with11 in 30 days after receipt of the request, a report on 

12 the results of the study. The preceding sentence 

13 shall not be construed to require the State to have 

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

15 home study involving the education and training of 

16 the prospective foster or adoptive parents. 

17 ‘‘(h) LIMITATIONS ON AUTHORIZATION OF APPRO18 PRIATIONS.— 

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

20 section, there are authorized to be appropriated to 

21 the Secretary— 

22 ‘‘(A) $10,000,000 for fiscal year 2007; 

23 ‘‘(B) $10,000,000 for fiscal year 2008; 

24 ‘‘(C) $10,000,000 for fiscal year 2009; and 

25 ‘‘(D) $10,000,000 for fiscal year 2010. 


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1 ‘‘(2) AVAILABILITY.—Amounts appropriated 

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

4 (c) REPEALER.—Effective October 1, 2010, section 

5 473B of the Social Security Act is repealed. 

6 SEC. 5. SENSE OF THE CONGRESS. 

7 It is the sense of the Congress that State agencies 

8 should fully cooperate with any court which has authority 

9 with respect to the placement of a child in foster care or 

10 for adoption, for the purpose of locating a parent of the 

11 child, and such cooperation should include making avail12 able all information obtained from the Federal Parent Lo13 cator Service. 

14 SEC. 6. CASEWORKER VISITS. 

15 (a) PURCHASE OF SERVICES IN INTERSTATE PLACE16 MENT CASES.—Section 475(5)(A)(ii) of the Social Secu17 rity Act (42 U.S.C. 675(5)(A)(ii)) is amended by striking 

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

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

20 or of a private agency under contract with either such 

21 State’’. 

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

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

24 ‘‘12’’ and inserting ‘‘6’’. 


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1 SEC. 7. HEALTH AND EDUCATION RECORDS. 

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

3 675) is amended— 

4 (1) in paragraph (1)(C)— 

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

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

7 (B) by inserting ‘‘the most recent informa8 tion available regarding’’ after ‘‘including’’; and 

9 (2) in paragraph (5)(D)— 

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

11 before ‘‘supplied’’; and 

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

13 child at no cost at the time the child leaves fos14 ter care if the child is leaving foster care by 

15 reason of having attained the age of majority 

16 under State law’’ before the semicolon. 

17 SEC. 8. RIGHT TO BE HEARD IN FOSTER CARE PRO18 CEEDINGS. 

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

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

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

22 ‘‘a right’’; 

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

24 ‘‘and right’’; and 

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

26 it appears and inserting ‘‘proceeding’’. 


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

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

3 ‘‘shall have in effect a rule requiring State courts to en4 sure that foster parents, pre-adoptive parents, and relative 

5 caregivers of a child in foster care under the responsibility 

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

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

8 SEC. 9. COURT IMPROVEMENT. 

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

10 U.S.C. 629h(a)(1)) is amended— 

11 (1) by striking ‘‘and’’ at the end of subpara12 graph (C); and 

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

14 ‘‘(E) that determine the best strategy to 

15 use to expedite the interstate placement of chil16 dren, including— 

17 ‘‘(i) requiring courts in different 

18 States to cooperate in the sharing of infor19 mation; 

20 ‘‘(ii) authorizing courts to obtain in21 formation and testimony from agencies 

22 and parties in other States without requir23 ing interstate travel by the agencies and 

24 parties; and 


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1 ‘‘(iii) permitting the participation of 

2 parents, children, other necessary parties, 

3 and attorneys in cases involving interstate 

4 placement without requiring their inter5 state travel; and’’. 

6 SEC. 10. REASONABLE EFFORTS. 

7 (a) IN GENERAL.—Section 471(a)(15)(C) of the So8 cial Security Act (42 U.S.C. 671(a)(15)(C)) is amended 

9 by inserting ‘‘(including, if appropriate, through an inter10 state placement)’’ after ‘‘accordance with the permanency 

11 plan’’. 

12 (b) PERMANENCY HEARING.—Section 

13 471(a)(15)(E)(i) of such Act (42 U.S.C. 671(a)(15)(E)(i)) 

14 is amended by inserting ‘‘, which considers in-State and 

15 out-of-State permanent placement options for the child,’’ 

16 before ‘‘shall’’. 

17 (c) CONCURRENT PLANNING.—Section 

18 471(a)(15)(F) of such Act (42 U.S.C. 671(a)(15)(F)) is 

19 amended by inserting ‘‘, including identifying appropriate 

20 in-State and out-of-State placements’’ before ‘‘may’’. 

21 SEC. 11. CASE PLANS. 

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

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

24 orderly and timely in-State and interstate placements’’ be25 fore the period. 


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1 SEC. 12. CASE REVIEW SYSTEM. 

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

3 U.S.C. 675(5)(C) is amended— 

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

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

6 consider in-State and out-of-State placement op7 tions,’’ after ‘‘living arrangement’’; and 

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

9 before ‘‘whether the’’. 

10 SEC. 13. USE OF INTERJURISDICTIONAL RESOURCES. 

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

12 U.S.C. 622(b)(12)) is amended— 

13 (1) by striking ‘‘develop plans for the’’ and in14 serting ‘‘make’’; 

15 (2) by inserting ‘‘(including through contracts 

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

17 (3) by inserting ‘‘, and shall eliminate legal bar18 riers,’’ before ‘‘to facilitate’’. 

19 SEC. 14. EFFECTIVE DATE. 

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

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

22 effect on October 1, 2006, and shall apply to payments 

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

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

25 without regard to whether regulations to implement the 

26 amendments are promulgated by such date. 


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1 (b) DELAY PERMITTED IF STATE LEGISLATION RE2 QUIRED.—If the Secretary of Health and Human Services 

3 determines that State legislation (other than legislation 

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

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

6 to meet the additional requirements imposed by the 

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

8 shall not be regarded as failing to meet any of the addi9 tional requirements before the 1st day of the 1st calendar 

10 quarter beginning after the first regular session of the 

11 State legislature that begins after the date of the enact12 ment of this Act. If the State has a 2-year legislative ses13 sion, each year of the session is deemed to be a separate 

14 regular session of the State legislature. 

Passed the House of Representatives May 24, 2006. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 463 

109TH CONGRESS 

2D SESSION H. R. 5403 

AN ACT 

To improve protections for children and to hold 

purposes. ment of children across State lines, and for other States accountable for the safe and timely placeJUNE 5, 2006 

Read the second time and placed on the calendar 


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