I 

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. 

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 ‘‘Safe and Timely Inter5 state Placement of Foster Children Act of 2006’’. 

6 SEC. 2. SENSE OF THE CONGRESS. 

7 It is the sense of the Congress that— 


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1 (1) the States should expeditiously ratify the re2 vised Interstate Compact for the Placement of Chil3 dren recently promulgated by the American Public 

4 Human Services Association; 

5 (2) this Act and the revised Interstate Compact 

6 for the Placement of Children should not apply to 

7 those seeking placement in a licensed residential fa8 cility primarily to access clinical mental heath serv9 ices; 

10 (3) the States should recognize and implement 

11 the deadlines for the completion and approval of 

12 home studies as provided in section 4 to move chil13 dren more quickly into safe, permanent homes; and 

14 (4) Federal policy should encourage the safe 

15 and expedited placement of children into safe, per16 manent homes across State lines. 

17 SEC. 3. ORDERLY AND TIMELY PROCESS FOR INTERSTATE 

18 PLACEMENT OF CHILDREN. 

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

20 671(a)) is amended— 

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

22 (23); 

23 (2) by striking the period at the end of para24 graph (24) and inserting ‘‘; and’’; and 

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


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

2 procedures for the orderly and timely interstate 

3 placement of children; and procedures implemented 

4 in accordance with an interstate compact, if incor5 porating with the procedures prescribed by para6 graph (26), shall be considered to satisfy the re7 quirement of this paragraph.’’. 

8 SEC. 4. HOME STUDIES. 

9 (a) ORDERLY PROCESS.— 

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

11 Security Act (42 U.S.C. 671(a)) is further amend12 ed— 

13 (A) by striking ‘‘and’’ at the end of para14 graph (24); 

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

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

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

18 ‘‘(26) provides that— 

19 ‘‘(A)(i) within 60 days after the State re20 ceives from another State a request to conduct 

21 a study of a home environment for purposes of 

22 assessing the safety and suitability of placing a 

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

24 contract— 


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

2 and 

3 ‘‘(II) return to the other State a re4 port on the results of the study, which 

5 shall address the extent to which place6 ment in the home would meet the needs of 

7 the child; and 

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

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

10 to comply with clause (i) within the 60-day pe11 riod as a result of circumstances beyond the 

12 control of the State (such as a failure by a Fed13 eral agency to provide the results of a back14 ground check, or the failure by any entity to 

15 provide completed medical forms, requested by 

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

17 60-day period), the State shall have 75 days to 

18 comply with clause (i) if the State documents 

19 the circumstances involved and certifies that 

20 completing the home study is in the best inter21 ests of the child; except that 

22 ‘‘(iii) this subparagraph shall not be con23 strued to require the State to have completed, 

24 within the applicable period, the parts of the 

25 home study involving the education and trainVerDate Aug 31 2005 22:26 May 22, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5403.IH H5403

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1 ing of the prospective foster or adoptive par2 ents; 

3 ‘‘(B) the State shall treat any report de4 scribed in subparagraph (A) that is received 

5 from another State or an Indian tribe (or from 

6 a private agency under contract with another 

7 State) as meeting any requirements imposed by 

8 the State for the completion of a home study 

9 before placing a child in the home, unless, with10 in 14 days after receipt of the report, the State 

11 determines, based on grounds that are specific 

12 to the content of the report, that making a de13 cision in reliance on the report would be con14 trary to the welfare of the child; and 

15 ‘‘(C) the State shall not impose any re16 striction on the ability of a State agency admin17 istering, or supervising the administration of, a 

18 State program operated under a State plan ap19 proved under this part to contract with a pri20 vate agency for the conduct of a home study de21 scribed in subparagraph (A).’’. 

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

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

24 the Secretary of Health and Human Services shall 

25 submit to the Committee on Ways and Means of the 


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1 House of Representatives and the Committee on Fi2 nance of the Senate a written report on— 

3 (A) how frequently States need the ex4 tended 75-day period provided for in clause (ii) 

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

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

7 section; 

8 (B) the reasons given for utilizing the ex9 tended compliance period; 

10 (C) the extent to which utilizing the ex11 tended compliance period leads to the resolution 

12 of the circumstances beyond the control of the 

13 State; and 

14 (D) the actions taken by States and any 

15 relevant Federal agencies to resolve the need 

16 for the extended compliance period. 

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

18 of the Congress that each State should— 

19 (A) use private agencies to conduct home 

20 studies when doing so is necessary to meet the 

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

22 Security Act; and 

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

24 study report completed by any other State or 


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1 an Indian tribe with respect to the placement of 

2 a child in foster care or for adoption. 

3 (b) TIMELY INTERSTATE HOME STUDY INCENTIVE

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

5 (42 U.S.C. 670–679b) is amended by inserting after sec6 tion 473A the following: 

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

8 PAYMENTS. 

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

10 a grant to each State that is a home study incentive-eligi11 ble State for a fiscal year in an amount equal to the timely 

12 interstate home study incentive payment payable to the 

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

14 be payable in the immediately succeeding fiscal year. 

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

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

17 year if— 

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

19 part for the fiscal year; 

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

21 (c) for the fiscal year; and 

22 ‘‘(3) based on data submitted and verified pur23 suant to subsection (c), the State has completed a 

24 timely interstate home study during the fiscal year. 

25 ‘‘(c) DATA REQUIREMENTS.— 


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

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

3 provided to the Secretary a written report, covering 

4 the preceding fiscal year, that specifies— 

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

6 studies requested by the State with respect to 

7 children in foster care under the responsibility 

8 of the State, and with respect to each such 

9 study, the identity of the other State involved; 

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

11 home studies completed by the State with re12 spect to children in foster care under the re13 sponsibility of other States, and with respect to 

14 each such study, the identity of the other State 

15 involved; and 

16 ‘‘(C) such other information as the Sec17 retary may require in order to determine wheth18 er the State is a home study incentive-eligible 

19 State. 

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

21 the number of timely interstate home studies to be 

22 attributed to a State under this section, the Sec23 retary shall check the data provided by the State 

24 under paragraph (1) against complementary data so 

25 provided by other States. 


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1 ‘‘(d) TIMELY INTERSTATE HOME STUDY INCENTIVE

2 PAYMENTS.— 

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

4 study incentive payment payable to a State for a fis5 cal year shall be $1,500, multiplied by the number 

6 of timely interstate home studies attributed to the 

7 State under this section during the fiscal year, sub8 ject to paragraph (2). 

9 ‘‘(2) PRO RATA ADJUSTMENT IF INSUFFICIENT

10 FUNDS AVAILABLE.—If the total amount of timely 

11 interstate home study incentive payments otherwise 

12 payable under this section for a fiscal year exceeds 

13 the total of the amounts made available pursuant to 

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

15 below zero) by the total of the amounts (if any) pay16 able under paragraph (3) of this subsection with re17 spect to the preceding fiscal year), the amount of 

18 each such otherwise payable incentive payment shall 

19 be reduced by a percentage equal to— 

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

21 available (as so reduced); divided by 

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

23 incentive payments. 

24 ‘‘(3) APPROPRIATIONS AVAILABLE FOR UNPAID

25 INCENTIVE PAYMENTS FOR PRIOR FISCAL YEARS.— 


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

2 this section are reduced under paragraph (2) or 

3 subparagraph (B) of this paragraph for a fiscal 

4 year, then, before making any other payment 

5 under this section for the next fiscal year, the 

6 Secretary shall pay each State whose payment 

7 was so reduced an amount equal to the total 

8 amount of the reductions which applied to the 

9 State, subject to subparagraph (B) of this para10 graph. 

11 ‘‘(B) PRO RATA ADJUSTMENT IF INSUFFI12 CIENT FUNDS AVAILABLE.—If the total amount 

13 of payments otherwise payable under subpara14 graph (A) of this paragraph for a fiscal year ex15 ceeds the total of the amounts made available 

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

17 the amount of each such payment shall be re18 duced by a percentage equal to— 

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

20 available; divided by 

21 ‘‘(ii) the total of such otherwise pay22 able payments. 

23 ‘‘(e) TWO-YEAR AVAILABILITY OF INCENTIVE PAY24 MENTS.—Payments to a State under this section in a fisVerDate Aug 31 2005 22:26 May 22, 2006 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5403.IH H5403

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1 cal year shall remain available for use by the State 

2 through the end of the next fiscal year. 

3 ‘‘(f) LIMITATIONS ON USE OF INCENTIVE PAY4 MENTS.—A State shall not expend an amount paid to the 

5 State under this section except to provide to children or 

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

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

8 by a State in accordance with the preceding sentence shall 

9 be disregarded in determining State expenditures for pur10 poses of Federal matching payments under sections 423, 

11 434, and 474. 

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

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

14 means an evaluation of a home environment con15 ducted in accordance with applicable requirements of 

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

17 whether a proposed placement of a child would meet 

18 the individual needs of the child, including the 

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

20 mental, emotional, and physical development. 

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

22 ‘interstate home study’ means a home study con23 ducted by a State at the request of another State, 

24 to facilitate an adoptive or foster placement in the 


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1 State of a child in foster care under the responsi2 bility of the State. 

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

4 term ‘timely interstate home study’ means an inter5 state home study completed by a State if the State 

6 provides to the State that requested the study, with7 in 30 days after receipt of the request, a report on 

8 the results of the study. The preceding sentence 

9 shall not be construed to require the State to have 

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

11 home study involving the education and training of 

12 the prospective foster or adoptive parents. 

13 ‘‘(h) LIMITATIONS ON AUTHORIZATION OF APPRO14 PRIATIONS.— 

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

16 section, there are authorized to be appropriated to 

17 the Secretary— 

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

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

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

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

22 ‘‘(2) AVAILABILITY.—Amounts appropriated 

23 under paragraph (1) are authorized to remain avail24 able until expended.’’. 


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

2 473B of the Social Security Act is repealed. 

3 SEC. 5. SENSE OF THE CONGRESS. 

4 It is the sense of the Congress that State agencies 

5 should fully cooperate with any court which has authority 

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

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

8 child, and such cooperation should include making avail9 able all information obtained from the Federal Parent Lo10 cator Service. 

11 SEC. 6. CASEWORKER VISITS. 

12 (a) PURCHASE OF SERVICES IN INTERSTATE PLACE13 MENT CASES.—Section 475(5)(A)(ii) of the Social Secu14 rity Act (42 U.S.C. 675(5)(A)(ii)) is amended by striking 

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

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

17 or of a private agency under contract with either such 

18 State’’. 

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

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

21 ‘‘12’’ and inserting ‘‘6’’. 

22 SEC. 7. HEALTH AND EDUCATION RECORDS. 

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

24 675) is amended— 

25 (1) in paragraph (1)(C)— 


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

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

3 (B) by inserting ‘‘the most recent informa4 tion available regarding’’ after ‘‘including’’; and 

5 (2) in paragraph (5)(D)— 

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

7 before ‘‘supplied’’; and 

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

9 child at no cost at the time the child leaves fos10 ter care if the child is leaving foster care by 

11 reason of having attained the age of majority 

12 under State law’’ before the semicolon. 

13 SEC. 8. RIGHT TO BE HEARD IN FOSTER CARE PRO14 CEEDINGS. 

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

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

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

18 ‘‘a right’’; 

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

20 ‘‘and right’’; and 

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

22 it appears and inserting ‘‘proceeding’’. 

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

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

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1 sure that foster parents, pre-adoptive parents, and relative 

2 caregivers of a child in foster care under the responsibility 

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

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

5 SEC. 9. COURT IMPROVEMENT. 

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

7 U.S.C. 629h(a)(1)) is amended— 

8 (1) by striking ‘‘and’’ at the end of subpara9 graph (C); and 

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

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

12 use to expedite the interstate placement of chil13 dren, including— 

14 ‘‘(i) requiring courts in different 

15 States to cooperate in the sharing of infor16 mation; 

17 ‘‘(ii) authorizing courts to obtain in18 formation and testimony from agencies 

19 and parties in other States without requir20 ing interstate travel by the agencies and 

21 parties; and 

22 ‘‘(iii) permitting the participation of 

23 parents, children, other necessary parties, 

24 and attorneys in cases involving interstate 


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1 placement without requiring their inter2 state travel; and’’. 

3 SEC. 10. REASONABLE EFFORTS. 

4 (a) IN GENERAL.—Section 471(a)(15)(C) of the So5 cial Security Act (42 U.S.C. 671(a)(15)(C)) is amended 

6 by inserting ‘‘(including, if appropriate, through an inter7 state placement)’’ after ‘‘accordance with the permanency 

8 plan’’. 

9 (b) PERMANENCY HEARING.—Section 

10 471(a)(15)(E)(i) of such Act (42 U.S.C. 671(a)(15)(E)(i)) 

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

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

13 before ‘‘shall’’. 

14 (c) CONCURRENT PLANNING.—Section 

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

16 amended by inserting ‘‘, including identifying appropriate 

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

18 SEC. 11. CASE PLANS. 

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

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

21 orderly and timely in-State and interstate placements’’ be22 fore the period. 

23 SEC. 12. CASE REVIEW SYSTEM. 

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

25 U.S.C. 675(5)(C) is amended— 


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

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

3 consider in-State and out-of-State placement op4 tions,’’ after ‘‘living arrangement’’; and 

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

6 before ‘‘whether the’’. 

7 SEC. 13. USE OF INTERJURISDICTIONAL RESOURCES. 

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

9 U.S.C. 622(b)(12)) is amended— 

10 (1) by striking ‘‘develop plans for the’’ and in11 serting ‘‘make’’; 

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

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

14 (3) by inserting ‘‘, and shall eliminate legal bar15 riers,’’ before ‘‘to facilitate’’. 

16 SEC. 14. EFFECTIVE DATE. 

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

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

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

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

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

22 without regard to whether regulations to implement the 

23 amendments are promulgated by such date. 

24 (b) DELAY PERMITTED IF STATE LEGISLATION RE25 QUIRED.—If the Secretary of Health and Human Services 


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1 determines that State legislation (other than legislation 

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

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

4 to meet the additional requirements imposed by the 

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

6 shall not be regarded as failing to meet any of the addi7 tional requirements before the 1st day of the 1st calendar 

8 quarter beginning after the first regular session of the 

9 State legislature that begins after the date of the enact10 ment of this Act. If the State has a 2-year legislative ses11 sion, each year of the session is deemed to be a separate 

12 regular session of the State legislature. 

Æ 


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