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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5403 Introduced in House (IH)]

109th CONGRESS
  2d Session
                                H. R. 5403

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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2006

 Mr. DeLay (for himself, Mr. Herger, Mr. Stark, Mr. Camp, Ms. Norton, 
Ms. Hart, Mr. Cardoza, and Mr. English of Pennsylvania) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
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.

    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 ``Safe and Timely Interstate Placement 
of Foster Children Act of 2006''.

SEC. 2. SENSE OF THE CONGRESS.

    It is the sense of the Congress that--
            (1) the States should expeditiously ratify the revised 
        Interstate Compact for the Placement of Children recently 
        promulgated by the American Public Human Services Association;
            (2) this Act and the revised Interstate Compact for the 
        Placement of Children should not apply to those seeking 
        placement in a licensed residential facility primarily to 
        access clinical mental heath services;
            (3) the States should recognize and implement the deadlines 
        for the completion and approval of home studies as provided in 
        section 4 to move children more quickly into safe, permanent 
        homes; and
            (4) Federal policy should encourage the safe and expedited 
        placement of children into safe, permanent homes across State 
        lines.

SEC. 3. ORDERLY AND TIMELY PROCESS FOR INTERSTATE PLACEMENT OF 
              CHILDREN.

    Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (23);
            (2) by striking the period at the end of paragraph (24) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(25) provide that the State shall have in effect 
        procedures for the orderly and timely interstate placement of 
        children; and procedures implemented in accordance with an 
        interstate compact, if incorporating with the procedures 
        prescribed by paragraph (26), shall be considered to satisfy 
        the requirement of this paragraph.''.

SEC. 4. HOME STUDIES.

    (a) Orderly Process.--
            (1) In general.--Section 471(a) of the Social Security Act 
        (42 U.S.C. 671(a)) is further amended--
                    (A) by striking ``and'' at the end of paragraph 
                (24);
                    (B) by striking the period at the end of paragraph 
                (25) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(26) provides that--
                    ``(A)(i) within 60 days after the State receives 
                from another State a request to conduct a study of a 
                home environment for purposes of assessing the safety 
                and suitability of placing a child in the home, the 
                State shall, directly or by contract--
                            ``(I) conduct and complete the study; and
                            ``(II) return to the other State a report 
                        on the results of the study, which shall 
                        address the extent to which placement in the 
                        home would meet the needs of the child; and
                    ``(ii) in the case of a home study begun on or 
                before September 30, 2008, if the State fails to comply 
                with clause (i) within the 60-day period as a result of 
                circumstances beyond the control of the State (such as 
                a failure by a Federal agency to provide the results of 
                a background check, or the failure by any entity to 
                provide completed medical forms, requested by the State 
                at least 45 days before the end of the 60-day period), 
                the State shall have 75 days to comply with clause (i) 
                if the State documents the circumstances involved and 
                certifies that completing the home study is in the best 
                interests of the child; except that
                    ``(iii) this subparagraph shall not be construed to 
                require the State to have completed, within the 
                applicable period, the parts of the home study 
                involving the education and training of the prospective 
                foster or adoptive parents;
                    ``(B) the State shall treat any report described in 
                subparagraph (A) that is received from another State or 
                an Indian tribe (or from a private agency under 
                contract with another State) as meeting any 
                requirements imposed by the State for the completion of 
                a home study before placing a child in the home, 
                unless, within 14 days after receipt of the report, the 
                State determines, based on grounds that are specific to 
                the content of the report, that making a decision in 
                reliance on the report would be contrary to the welfare 
                of the child; and
                    ``(C) the State shall not impose any restriction on 
                the ability of a State agency administering, or 
                supervising the administration of, a State program 
                operated under a State plan approved under this part to 
                contract with a private agency for the conduct of a 
                home study described in subparagraph (A).''.
            (2) Report to the congress.--Within 12 months after the 
        date of the enactment of this Act, the Secretary of Health and 
        Human Services shall submit to the Committee on Ways and Means 
        of the House of Representatives and the Committee on Finance of 
        the Senate a written report on--
                    (A) how frequently States need the extended 75-day 
                period provided for in clause (ii) of section 
                471(a)(26)(A) of the Social Security Act in order to 
                comply with clause (i) of such section;
                    (B) the reasons given for utilizing the extended 
                compliance period;
                    (C) the extent to which utilizing the extended 
                compliance period leads to the resolution of the 
                circumstances beyond the control of the State; and
                    (D) the actions taken by States and any relevant 
                Federal agencies to resolve the need for the extended 
                compliance period.
            (3) Sense of the congress.--It is the sense of the Congress 
        that each State should--
                    (A) use private agencies to conduct home studies 
                when doing so is necessary to meet the requirements of 
                section 471(a)(26) of the Social Security Act; and
                    (B) give full faith and credit to any home study 
                report completed by any other State or an Indian tribe 
                with respect to the placement of a child in foster care 
                or for adoption.
    (b) Timely Interstate Home Study Incentive Payments.--Part E of 
title IV of the Social Security Act (42 U.S.C. 670-679b) is amended by 
inserting after section 473A the following:

``SEC. 473B. TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS.

    ``(a) Grant Authority.--The Secretary shall make a grant to each 
State that is a home study incentive-eligible State for a fiscal year 
in an amount equal to the timely interstate home study incentive 
payment payable to the State under this section for the fiscal year, 
which shall be payable in the immediately succeeding fiscal year.
    ``(b) Home Study Incentive-Eligible State.--A State is a home study 
incentive-eligible State for a fiscal year if--
            ``(1) the State has a plan approved under this part for the 
        fiscal year;
            ``(2) the State is in compliance with subsection (c) for 
        the fiscal year; and
            ``(3) based on data submitted and verified pursuant to 
        subsection (c), the State has completed a timely interstate 
        home study during the fiscal year.
    ``(c) Data Requirements.--
            ``(1) In general.--A State is in compliance with this 
        subsection for a fiscal year if the State has provided to the 
        Secretary a written report, covering the preceding fiscal year, 
        that specifies--
                    ``(A) the total number of interstate home studies 
                requested by the State with respect to children in 
                foster care under the responsibility of the State, and 
                with respect to each such study, the identity of the 
                other State involved;
                    ``(B) the total number of timely interstate home 
                studies completed by the State with respect to children 
                in foster care under the responsibility of other 
                States, and with respect to each such study, the 
                identity of the other State involved; and
                    ``(C) such other information as the Secretary may 
                require in order to determine whether the State is a 
                home study incentive-eligible State.
            ``(2) Verification of data.--In determining the number of 
        timely interstate home studies to be attributed to a State 
        under this section, the Secretary shall check the data provided 
        by the State under paragraph (1) against complementary data so 
        provided by other States.
    ``(d) Timely Interstate Home Study Incentive Payments.--
            ``(1) In general.--The timely interstate home study 
        incentive payment payable to a State for a fiscal year shall be 
        $1,500, multiplied by the number of timely interstate home 
        studies attributed to the State under this section during the 
        fiscal year, subject to paragraph (2).
            ``(2) Pro rata adjustment if insufficient funds 
        available.--If the total amount of timely interstate home study 
        incentive payments otherwise payable under this section for a 
        fiscal year exceeds the total of the amounts made available 
        pursuant to subsection (h) for the fiscal year (reduced (but 
        not below zero) by the total of the amounts (if any) payable 
        under paragraph (3) of this subsection with respect to the 
        preceding fiscal year), the amount of each such otherwise 
        payable incentive payment shall be reduced by a percentage 
        equal to--
                    ``(A) the total of the amounts so made available 
                (as so reduced); divided by
                    ``(B) the total of such otherwise payable incentive 
                payments.
            ``(3) Appropriations available for unpaid incentive 
        payments for prior fiscal years.--
                    ``(A) In general.--If payments under this section 
                are reduced under paragraph (2) or subparagraph (B) of 
                this paragraph for a fiscal year, then, before making 
                any other payment under this section for the next 
                fiscal year, the Secretary shall pay each State whose 
                payment was so reduced an amount equal to the total 
                amount of the reductions which applied to the State, 
                subject to subparagraph (B) of this paragraph.
                    ``(B) Pro rata adjustment if insufficient funds 
                available.--If the total amount of payments otherwise 
                payable under subparagraph (A) of this paragraph for a 
                fiscal year exceeds the total of the amounts made 
                available pursuant to subsection (h) for the fiscal 
                year, the amount of each such payment shall be reduced 
                by a percentage equal to--
                            ``(i) the total of the amounts so made 
                        available; divided by
                            ``(ii) the total of such otherwise payable 
                        payments.
    ``(e) Two-Year Availability of Incentive Payments.--Payments to a 
State under this section in a fiscal year shall remain available for 
use by the State through the end of the next fiscal year.
    ``(f) Limitations on Use of Incentive Payments.--A State shall not 
expend an amount paid to the State under this section except to provide 
to children or families any service (including post-adoption services) 
that may be provided under part B or E. Amounts expended by a State in 
accordance with the preceding sentence shall be disregarded in 
determining State expenditures for purposes of Federal matching 
payments under sections 423, 434, and 474.
    ``(g) Definitions.--In this section:
            ``(1) Home study.--The term `home study' means an 
        evaluation of a home environment conducted in accordance with 
        applicable requirements of the State in which the home is 
        located, to determine whether a proposed placement of a child 
        would meet the individual needs of the child, including the 
        child's safety, permanency, health, well-being, and mental, 
        emotional, and physical development.
            ``(2) Interstate home study.--The term `interstate home 
        study' means a home study conducted by a State at the request 
        of another State, to facilitate an adoptive or foster placement 
        in the State of a child in foster care under the responsibility 
        of the State.
            ``(3) Timely interstate home study.--The term `timely 
        interstate home study' means an interstate home study completed 
        by a State if the State provides to the State that requested 
        the study, within 30 days after receipt of the request, a 
        report on the results of the study. The preceding sentence 
        shall not be construed to require the State to have completed, 
        within the 30-day period, the parts of the home study involving 
        the education and training of the prospective foster or 
        adoptive parents.
    ``(h) Limitations on Authorization of Appropriations.--
            ``(1) In general.--For payments under this section, there 
        are authorized to be appropriated to the Secretary--
                    ``(A) $10,000,000 for fiscal year 2007;
                    ``(B) $10,000,000 for fiscal year 2008;
                    ``(C) $10,000,000 for fiscal year 2009; and
                    ``(D) $10,000,000 for fiscal year 2010.
            ``(2) Availability.--Amounts appropriated under paragraph 
        (1) are authorized to remain available until expended.''.
    (c) Repealer.--Effective October 1, 2010, section 473B of the 
Social Security Act is repealed.

SEC. 5. SENSE OF THE CONGRESS.

    It is the sense of the Congress that State agencies should fully 
cooperate with any court which has authority with respect to the 
placement of a child in foster care or for adoption, for the purpose of 
locating a parent of the child, and such cooperation should include 
making available all information obtained from the Federal Parent 
Locator Service.

SEC. 6. CASEWORKER VISITS.

    (a) Purchase of Services in Interstate Placement Cases.--Section 
475(5)(A)(ii) of the Social Security Act (42 U.S.C. 675(5)(A)(ii)) is 
amended by striking ``or of the State in which the child has been 
placed'' and inserting ``of the State in which the child has been 
placed, or of a private agency under contract with either such State''.
    (b) Increased Visits.--Section 475(5)(A)(ii) of such Act (42 U.S.C. 
675(5)(A)(ii)) is amended by striking ``12'' and inserting ``6''.

SEC. 7. HEALTH AND EDUCATION RECORDS.

    Section 475 of the Social Security Act (42 U.S.C. 675) is amended--
            (1) in paragraph (1)(C)--
                    (A) by striking ``To the extent available and 
                accessible, the'' and inserting ``The''; and
                    (B) by inserting ``the most recent information 
                available regarding'' after ``including''; and
            (2) in paragraph (5)(D)--
                    (A) by inserting ``a copy of the record is'' before 
                ``supplied''; and
                    (B) by inserting ``, and is supplied to the child 
                at no cost at the time the child leaves foster care if 
                the child is leaving foster care by reason of having 
                attained the age of majority under State law'' before 
                the semicolon.

SEC. 8. RIGHT TO BE HEARD IN FOSTER CARE PROCEEDINGS.

    (a) In General.--Section 475(5)(G) of the Social Security Act (42 
U.S.C. 675(5)(G)) is amended--
            (1) by striking ``an opportunity'' and inserting ``a 
        right'';
            (2) by striking ``and opportunity'' and inserting ``and 
        right''; and
            (3) by striking ``review or hearing'' each place it appears 
        and inserting ``proceeding''.
    (b) Notice of Proceeding.--Section 438(b) of such Act (42 U.S.C. 
638(b)) is amended by inserting ``shall have in effect a rule requiring 
State courts to ensure that foster parents, pre-adoptive parents, and 
relative caregivers of a child in foster care under the responsibility 
of the State are notified of any proceeding to be held with respect to 
the child, and'' after ``highest State court''.

SEC. 9. COURT IMPROVEMENT.

    Section 438(a)(1) of the Social Security Act (42 U.S.C. 629h(a)(1)) 
is amended--
            (1) by striking ``and'' at the end of subparagraph (C); and
            (2) by adding at the end the following:
                    ``(E) that determine the best strategy to use to 
                expedite the interstate placement of children, 
                including--
                            ``(i) requiring courts in different States 
                        to cooperate in the sharing of information;
                            ``(ii) authorizing courts to obtain 
                        information and testimony from agencies and 
                        parties in other States without requiring 
                        interstate travel by the agencies and parties; 
                        and
                            ``(iii) permitting the participation of 
                        parents, children, other necessary parties, and 
                        attorneys in cases involving interstate 
                        placement without requiring their interstate 
                        travel; and''.

SEC. 10. REASONABLE EFFORTS.

    (a) In General.--Section 471(a)(15)(C) of the Social Security Act 
(42 U.S.C. 671(a)(15)(C)) is amended by inserting ``(including, if 
appropriate, through an interstate placement)'' after ``accordance with 
the permanency plan''.
    (b) Permanency Hearing.--Section 471(a)(15)(E)(i) of such Act (42 
U.S.C. 671(a)(15)(E)(i)) is amended by inserting ``, which considers 
in-State and out-of-State permanent placement options for the child,'' 
before ``shall''.
    (c) Concurrent Planning.--Section 471(a)(15)(F) of such Act (42 
U.S.C. 671(a)(15)(F)) is amended by inserting ``, including identifying 
appropriate in-State and out-of-State placements'' before ``may''.

SEC. 11. CASE PLANS.

    Section 475(1)(E) of the Social Security Act (42 U.S.C. 675(1)(E)) 
is amended by inserting ``to facilitate orderly and timely in-State and 
interstate placements'' before the period.

SEC. 12. CASE REVIEW SYSTEM.

    Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C) 
is amended--
            (1) by inserting ``, in the case of a child who will not be 
        returned to the parent, the hearing shall consider in-State and 
        out-of-State placement options,'' after ``living arrangement''; 
        and
            (2) by inserting ``the hearing shall determine'' before 
        ``whether the''.

SEC. 13. USE OF INTERJURISDICTIONAL RESOURCES.

    Section 422(b)(12) of the Social Security Act (42 U.S.C. 
622(b)(12)) is amended--
            (1) by striking ``develop plans for the'' and inserting 
        ``make'';
            (2) by inserting ``(including through contracts for the 
        purchase of services)'' after ``resources''; and
            (3) by inserting ``, and shall eliminate legal barriers,'' 
        before ``to facilitate''.

SEC. 14. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided in this section, the 
amendments made by this Act shall take effect on October 1, 2006, and 
shall apply to payments under parts B and E of title IV of the Social 
Security Act for calendar quarters beginning on or after such date, 
without regard to whether regulations to implement the amendments are 
promulgated by such date.
    (b) Delay Permitted if State Legislation Required.--If the 
Secretary of Health and Human Services determines that State 
legislation (other than legislation appropriating funds) is required in 
order for a State plan under part B or E of title IV of the Social 
Security Act to meet the additional requirements imposed by the 
amendments made by a provision of this Act, the plan shall not be 
regarded as failing to meet any of the additional requirements before 
the 1st day of the 1st calendar quarter beginning after the first 
regular session of the State legislature that begins after the date of 
the enactment of this Act. If the State has a 2-year legislative 
session, each year of the session is deemed to be a separate regular 
session of the State legislature.
                                 <all>
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