II 

Calendar No. 527 

114TH CONGRESS 

2D SESSION H. R. 5456 

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2016 

Received; read the first time 

JUNE 23, 2016 

Read the second time and placed on the calendar 

AN ACT 

To amend parts B and E of title IV of the Social Security 

Act to invest in funding prevention and family services 

to help keep children safe and supported at home, to 

ensure that children in foster care are placed in the 

least restrictive, most family-like, and appropriate settings, 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 ‘‘Family First Preven5 tion Services Act of 2016’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 


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Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—INVESTING IN PREVENTION AND FAMILY SERVICES 

Sec. 101. Purpose. 

Subtitle A—Prevention Activities Under Title IV–E 

Sec. 111. Foster care prevention services and programs. 

Sec. 112. Foster care maintenance payments for children with parents in a licensed residential family-based treatment facility for substance 

abuse. 

Sec. 113. Title IV–E payments for evidence-based kinship navigator programs. 

Subtitle B—Enhanced Support Under Title IV–B 

Sec. 121. Elimination of time limit for family reunification services while in foster care and permitting time-limited family reunification services when a child returns home from foster care. 

Sec. 122. Reducing bureaucracy and unnecessary delays when placing children 

in homes across State lines. 

Sec. 123. Enhancements to grants to improve well-being of families affected by 

substance abuse. 

Subtitle C—Miscellaneous 

Sec. 131. Reviewing and improving licensing standards for placement in a relative foster family home. 

Sec. 132. Development of a statewide plan to prevent child abuse and neglect 

fatalities. 

Sec. 133. Modernizing the title and purpose of title IV–E. 

Sec. 134. Effective dates. 

TITLE II—ENSURING THE NECESSITY OF A PLACEMENT THAT IS 

NOT IN A FOSTER FAMILY HOME 

Sec. 201. Limitation on Federal financial participation for placements that are 

not in foster family homes. 

Sec. 202. Assessment and documentation of the need for placement in a qualified residential treatment program. 

Sec. 203. Protocols to prevent inappropriate diagnoses. 

Sec. 204. Additional data and reports regarding children placed in a setting 

that is not a foster family home. 

Sec. 205. Effective dates; application to waivers. 

TITLE III—CONTINUING SUPPORT FOR CHILD AND FAMILY 

SERVICES 

Sec. 301. Supporting and retaining foster families for children. 

Sec. 302. Extension of child and family services programs. 

Sec. 303. Improvements to the John H. Chafee Foster Care Independence Program and related provisions. 

TITLE IV—CONTINUING INCENTIVES TO STATES TO PROMOTE 

ADOPTION AND LEGAL GUARDIANSHIP 

Sec. 401. Reauthorizing adoption and legal guardianship incentive programs. 


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TITLE V—TECHNICAL CORRECTIONS 

Sec. 501. Technical corrections to data exchange standards to improve program 

coordination. 

Sec. 502. Technical corrections to State requirement to address the developmental needs of young children. 

TITLE VI—ENSURING STATES REINVEST SAVINGS RESULTING 

FROM INCREASE IN ADOPTION ASSISTANCE 

Sec. 601. Delay of adoption assistance phase-in. 

Sec. 602. GAO study and report on State reinvestment of savings resulting 

from increase in adoption assistance. 

1 TITLE I—INVESTING IN PREVEN2 TION AND FAMILY SERVICES 

3 SEC. 101. PURPOSE. 

4 The purpose of this title is to enable States to use 

5 Federal funds available under parts B and E of title IV 

6 of the Social Security Act to provide enhanced support to 

7 children and families and prevent foster care placements 

8 through the provision of mental health and substance 

9 abuse prevention and treatment services, in-home parent 

10 skill-based programs, and kinship navigator services. 

11 Subtitle A—Prevention Activities 

12 Under Title IV–E 

13 SEC. 111. FOSTER CARE PREVENTION SERVICES AND PRO14 GRAMS. 

15 (a) STATE OPTION.—Section 471 of the Social Secu16 rity Act (42 U.S.C. 671) is amended— 

17 (1) in subsection (a)(1), by striking ‘‘and’’ and 

18 all that follows through the semicolon and inserting 

19 ‘‘, adoption assistance in accordance with section 


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1 473, and, at the option of the State, services or pro2 grams specified in subsection (e)(1) of this section 

3 for children who are candidates for foster care or 

4 who are pregnant or parenting foster youth and the 

5 parents or kin caregivers of the children, in accord6 ance with the requirements of that subsection;’’; and 

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

8 ‘‘(e) PREVENTION AND FAMILY SERVICES AND PRO9 GRAMS.— 

10 ‘‘(1) IN GENERAL.—Subject to the succeeding 

11 provisions of this subsection, the Secretary may 

12 make a payment to a State for providing the fol13 lowing services or programs for a child described in 

14 paragraph (2) and the parents or kin caregivers of 

15 the child when the need of the child, such a parent, 

16 or such a caregiver for the services or programs are 

17 directly related to the safety, permanence, or well18 being of the child or to preventing the child from en19 tering foster care: 

20 ‘‘(A) MENTAL HEALTH AND SUBSTANCE

21 ABUSE PREVENTION AND TREATMENT SERV22 ICES.—Mental health and substance abuse pre23 vention and treatment services provided by a 

24 qualified clinician for not more than a 12- 


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1 month period that begins on any date described 

2 in paragraph (3) with respect to the child. 

3 ‘‘(B) IN-HOME PARENT SKILL-BASED PRO4 GRAMS.—In-home parent skill-based programs 

5 for not more than a 12-month period that be6 gins on any date described in paragraph (3) 

7 with respect to the child and that include par8 enting skills training, parent education, and in9 dividual and family counseling. 

10 ‘‘(2) CHILD DESCRIBED.—For purposes of 

11 paragraph (1), a child described in this paragraph is 

12 the following: 

13 ‘‘(A) A child who is a candidate for foster 

14 care (as defined in section 475(13)) but can re15 main safely at home or in a kinship placement 

16 with receipt of services or programs specified in 

17 paragraph (1). 

18 ‘‘(B) A child in foster care who is a preg19 nant or parenting foster youth. 

20 ‘‘(3) DATE DESCRIBED.—For purposes of para21 graph (1), the dates described in this paragraph are 

22 the following: 

23 ‘‘(A) The date on which a child is identi24 fied in a prevention plan maintained under 


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1 paragraph (4) as a child who is a candidate for 

2 foster care (as defined in section 475(13)). 

3 ‘‘(B) The date on which a child is identi4 fied in a prevention plan maintained under 

5 paragraph (4) as a pregnant or parenting foster 

6 youth in need of services or programs specified 

7 in paragraph (1). 

8 ‘‘(4) REQUIREMENTS RELATED TO PROVIDING

9 SERVICES AND PROGRAMS.—Services and programs 

10 specified in paragraph (1) may be provided under 

11 this subsection only if specified in advance in the 

12 child’s prevention plan described in subparagraph 

13 (A) and the requirements in subparagraphs (B) 

14 through (E) are met: 

15 ‘‘(A) PREVENTION PLAN.—The State 

16 maintains a written prevention plan for the 

17 child that meets the following requirements (as 

18 applicable): 

19 ‘‘(i) CANDIDATES.—In the case of a 

20 child who is a candidate for foster care de21 scribed in paragraph (2)(A), the prevention 

22 plan shall— 

23 ‘‘(I) identify the foster care pre24 vention strategy for the child so that 

25 the child may remain safely at home, 


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1 live temporarily with a kin caregiver 

2 until reunification can be safely 

3 achieved, or live permanently with a 

4 kin caregiver; 

5 ‘‘(II) list the services or pro6 grams to be provided to or on behalf 

7 of the child to ensure the success of 

8 that prevention strategy; and 

9 ‘‘(III) comply with such other re10 quirements as the Secretary shall es11 tablish. 

12 ‘‘(ii) PREGNANT OR PARENTING FOS13 TER YOUTH.—In the case of a child who is 

14 a pregnant or parenting foster youth de15 scribed in paragraph (2)(B), the preven16 tion plan shall— 

17 ‘‘(I) be included in the child’s 

18 case plan required under section 

19 475(1); 

20 ‘‘(II) list the services or pro21 grams to be provided to or on behalf 

22 of the youth to ensure that the youth 

23 is prepared (in the case of a pregnant 

24 foster youth) or able (in the case of a 


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1 parenting foster youth) to be a par2 ent; 

3 ‘‘(III) describe the foster care 

4 prevention strategy for any child born 

5 to the youth; and 

6 ‘‘(IV) comply with such other re7 quirements as the Secretary shall es8 tablish. 

9 ‘‘(B) TRAUMA-INFORMED.—The services or 

10 programs to be provided to or on behalf of a 

11 child are provided under an organizational 

12 structure and treatment framework that in13 volves understanding, recognizing, and respond14 ing to the effects of all types of trauma and in 

15 accordance with recognized principles of a trau16 ma-informed approach and trauma-specific 

17 interventions to address trauma’s consequences 

18 and facilitate healing. 

19 ‘‘(C) ONLY SERVICES AND PROGRAMS PRO20 VIDED IN ACCORDANCE WITH PROMISING, SUP21 PORTED, OR WELL-SUPPORTED PRACTICES PER22 MITTED.— 

23 ‘‘(i) IN GENERAL.—Only State ex24 penditures for services or programs speci25 fied in subparagraph (A) or (B) of paraVerDate Sep 11 2014 23:41 Jun 23, 2016 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5456.PCS H5456

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1 graph (1) that are provided in accordance 

2 with practices that meet the requirements 

3 specified in clause (ii) of this subparagraph 

4 and that meet the requirements specified 

5 in clause (iii), (iv), or (v), respectively, for 

6 being a promising, supported, or well-sup7 ported practice, shall be eligible for a Fed8 eral matching payment under section 

9 474(a)(6)(A). 

10 ‘‘(ii) GENERAL PRACTICE REQUIRE11 MENTS.—The general practice require12 ments specified in this clause are the fol13 lowing: 

14 ‘‘(I) The practice has a book, 

15 manual, or other available writings 

16 that specify the components of the 

17 practice protocol and describe how to 

18 administer the practice. 

19 ‘‘(II) There is no empirical basis 

20 suggesting that, compared to its likely 

21 benefits, the practice constitutes a 

22 risk of harm to those receiving it. 

23 ‘‘(III) If multiple outcome studies 

24 have been conducted, the overall 


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1 weight of evidence supports the bene2 fits of the practice. 

3 ‘‘(IV) Outcome measures are reli4 able and valid, and are administrated 

5 consistently and accurately across all 

6 those receiving the practice. 

7 ‘‘(V) There is no case data sug8 gesting a risk of harm that was prob9 ably caused by the treatment and that 

10 was severe or frequent. 

11 ‘‘(iii) PROMISING PRACTICE.—A prac12 tice shall be considered to be a ‘promising 

13 practice’ if the practice is superior to an 

14 appropriate comparison practice using con15 ventional standards of statistical signifi16 cance (in terms of demonstrated meaning17 ful improvements in validated measures of 

18 important child and parent outcomes, such 

19 as mental health, substance abuse, and 

20 child safety and well-being), as established 

21 by the results or outcomes of at least one 

22 study that— 

23 ‘‘(I) was rated by an independent 

24 systematic review for the quality of 

25 the study design and execution and 


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1 determined to be well-designed and 

2 well-executed; and 

3 ‘‘(II) utilized some form of con4 trol (such as an untreated group, a 

5 placebo group, or a wait list study). 

6 ‘‘(iv) SUPPORTED PRACTICE.—A prac7 tice shall be considered to be a ‘supported 

8 practice’ if— 

9 ‘‘(I) the practice is superior to an 

10 appropriate comparison practice using 

11 conventional standards of statistical 

12 significance (in terms of demonstrated 

13 meaningful improvements in validated 

14 measures of important child and par15 ent outcomes, such as mental health, 

16 substance abuse, and child safety and 

17 well-being), as established by the re18 sults or outcomes of at least one study 

19 that— 

20 ‘‘(aa) was rated by an inde21 pendent systematic review for the 

22 quality of the study design and 

23 execution and determined to be 

24 well-designed and well-executed; 


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1 ‘‘(bb) was a rigorous ran2 dom-controlled trial (or, if not 

3 available, a study using a rig4 orous quasi-experimental re5 search design); and 

6 ‘‘(cc) was carried out in a 

7 usual care or practice setting; 

8 and 

9 ‘‘(II) the study described in sub10 clause (I) established that the practice 

11 has a sustained effect (when com12 pared to a control group) for at least 

13 6 months beyond the end of the treat14 ment. 

15 ‘‘(v) WELL-SUPPORTED PRACTICE.—A 

16 practice shall be considered to be a ‘well17 supported practice’ if— 

18 ‘‘(I) the practice is superior to an 

19 appropriate comparison practice using 

20 conventional standards of statistical 

21 significance (in terms of demonstrated 

22 meaningful improvements in validated 

23 measures of important child and par24 ent outcomes, such as mental health, 

25 substance abuse, and child safety and 


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1 well-being), as established by the re2 sults or outcomes of at least two stud3 ies that— 

4 ‘‘(aa) were rated by an inde5 pendent systematic review for the 

6 quality of the study design and 

7 execution and determined to be 

8 well-designed and well-executed; 

9 ‘‘(bb) were rigorous random10 controlled trials (or, if not avail11 able, studies using a rigorous 

12 quasi-experimental research de13 sign); and 

14 ‘‘(cc) were carried out in a 

15 usual care or practice setting; 

16 and 

17 ‘‘(II) at least one of the studies 

18 described in subclause (I) established 

19 that the practice has a sustained ef20 fect (when compared to a control 

21 group) for at least 1 year beyond the 

22 end of treatment. 

23 ‘‘(D) GUIDANCE ON PRACTICES CRITERIA

24 AND PRE-APPROVED SERVICES AND PRO25 GRAMS.— 


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1 ‘‘(i) IN GENERAL.—Not later than Oc2 tober 1, 2018, the Secretary shall issue 

3 guidance to States regarding the practices 

4 criteria required for services or programs 

5 to satisfy the requirements of subpara6 graph (C). The guidance shall include a 

7 pre-approved list of services and programs 

8 that satisfy the requirements. 

9 ‘‘(ii) UPDATES.—The Secretary shall 

10 issue updates to the guidance required by 

11 clause (i) as often as the Secretary deter12 mines necessary. 

13 ‘‘(E) OUTCOME ASSESSMENT AND REPORT14 ING.—The State shall collect and report to the 

15 Secretary the following information with respect 

16 to each child for whom, or on whose behalf 

17 mental health and substance abuse prevention 

18 and treatment services or in-home parent skill19 based programs are provided during a 12- 

20 month period beginning on the date the child is 

21 determined by the State to be a child described 

22 in paragraph (2): 

23 ‘‘(i) The specific services or programs 

24 provided and the total expenditures for 

25 each of the services or programs. 


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1 ‘‘(ii) The duration of the services or 

2 programs provided. 

3 ‘‘(iii) In the case of a child described 

4 in paragraph (2)(A), the child’s placement 

5 status at the beginning, and at the end, of 

6 the 1-year period, respectively, and wheth7 er the child entered foster care within 2 

8 years after being determined a candidate 

9 for foster care. 

10 ‘‘(5) STATE PLAN COMPONENT.— 

11 ‘‘(A) IN GENERAL.—A State electing to 

12 provide services or programs specified in para13 graph (1) shall submit as part of the State plan 

14 required by subsection (a) a prevention services 

15 and programs plan component that meets the 

16 requirements of subparagraph (B). 

17 ‘‘(B) PREVENTION SERVICES AND PRO18 GRAMS PLAN COMPONENT.—In order to meet 

19 the requirements of this subparagraph, a pre20 vention services and programs plan component, 

21 with respect to each 5-year period for which the 

22 plan component is in operation in the State, 

23 shall include the following: 

24 ‘‘(i) How providing services and pro25 grams specified in paragraph (1) is exVerDate Sep 11 2014 23:41 Jun 23, 2016 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5456.PCS H5456

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1 pected to improve specific outcomes for 

2 children and families. 

3 ‘‘(ii) How the State will monitor and 

4 oversee the safety of children who receive 

5 services and programs specified in para6 graph (1), including through periodic risk 

7 assessments throughout the period in 

8 which the services and programs are pro9 vided on behalf of a child and reexamina10 tion of the prevention plan maintained for 

11 the child under paragraph (4) for the pro12 vision of the services or programs if the 

13 State determines the risk of the child en14 tering foster care remains high despite the 

15 provision of the services or programs. 

16 ‘‘(iii) With respect to the services and 

17 programs specified in subparagraphs (A) 

18 and (B) of paragraph (1), information on 

19 the specific promising, supported, or well20 supported practices the State plans to use 

21 to provide the services or programs, includ22 ing a description of— 

23 ‘‘(I) the services or programs and 

24 whether the practices used are prom25 ising, supported, or well-supported; 


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1 ‘‘(II) how the State plans to im2 plement the services or programs, in3 cluding how implementation of the 

4 services or programs will be continu5 ously monitored to ensure fidelity to 

6 the practice model and to determine 

7 outcomes achieved and how informa8 tion learned from the monitoring will 

9 be used to refine and improve prac10 tices; 

11 ‘‘(III) how the State selected the 

12 services or programs; 

13 ‘‘(IV) the target population for 

14 the services or programs; and 

15 ‘‘(V) how each service or pro16 gram provided will be evaluated 

17 through a well-designed and rigorous 

18 process, which may consist of an on19 going, cross-site evaluation approved 

20 by the Secretary. 

21 ‘‘(iv) A description of the consultation 

22 that the State agencies responsible for ad23 ministering the State plans under this part 

24 and part B engage in with other State 

25 agencies responsible for administering 


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1 health programs, including mental health 

2 and substance abuse prevention and treat3 ment services, and with other public and 

4 private agencies with experience in admin5 istering child and family services, including 

6 community-based organizations, in order to 

7 foster a continuum of care for children de8 scribed in paragraph (2) and their parents 

9 or kin caregivers. 

10 ‘‘(v) A description of how the State 

11 shall assess children and their parents or 

12 kin caregivers to determine eligibility for 

13 services or programs specified in para14 graph (1). 

15 ‘‘(vi) A description of how the services 

16 or programs specified in paragraph (1) 

17 that are provided for or on behalf of a 

18 child and the parents or kin caregivers of 

19 the child will be coordinated with other 

20 child and family services provided to the 

21 child and the parents or kin caregivers of 

22 the child under the State plan under part 

23 B. 

24 ‘‘(vii) Descriptions of steps the State 

25 is taking to support and enhance a comVerDate Sep 11 2014 23:41 Jun 23, 2016 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H5456.PCS H5456

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1 petent, skilled, and professional child wel2 fare workforce to deliver trauma-informed 

3 and evidence-based services, including— 

4 ‘‘(I) ensuring that staff is quali5 fied to provide services or programs 

6 that are consistent with the prom7 ising, supported, or well-supported 

8 practice models selected; and 

9 ‘‘(II) developing appropriate pre10 vention plans, and conducting the risk 

11 assessments required under clause 

12 (iii). 

13 ‘‘(viii) A description of how the State 

14 will provide training and support for case15 workers in assessing what children and 

16 their families need, connecting to the fami17 lies served, knowing how to access and de18 liver the needed trauma-informed and evi19 dence-based services, and overseeing and 

20 evaluating the continuing appropriateness 

21 of the services. 

22 ‘‘(ix) A description of how caseload 

23 size and type for prevention caseworkers 

24 will be determined, managed, and overseen. 


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1 ‘‘(x) An assurance that the State will 

2 report to the Secretary such information 

3 and data as the Secretary may require 

4 with respect to the provision of services 

5 and programs specified in paragraph (1), 

6 including information and data necessary 

7 to determine the performance measures for 

8 the State under paragraph (6) and compli9 ance with paragraph (7). 

10 ‘‘(C) REIMBURSEMENT FOR SERVICES

11 UNDER THE PREVENTION PLAN COMPONENT.— 

12 ‘‘(i) LIMITATION.—Except as provided 

13 in subclause (ii), a State may not receive 

14 a Federal payment under this part for a 

15 given promising, supported, or well-sup16 ported practice unless (in accordance with 

17 subparagraph (B)(iii)(V)) the plan includes 

18 a well-designed and rigorous evaluation 

19 strategy for that practice. 

20 ‘‘(ii) WAIVER OF LIMITATION.—The 

21 Secretary may waive the requirement for a 

22 well-designed and rigorous evaluation of 

23 any well-supported practice if the Sec24 retary deems the evidence of the effective25 ness of the practice to be compelling and 


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1 the State meets the continuous quality im2 provement requirements included in sub3 paragraph (B)(iii)(II) with regard to the 

4 practice. 

5 ‘‘(6) PREVENTION SERVICES MEASURES.— 

6 ‘‘(A) ESTABLISHMENT; ANNUAL UP7 DATES.—Beginning with fiscal year 2021, and 

8 annually thereafter, the Secretary shall estab9 lish the following prevention services measures 

10 based on information and data reported by 

11 States that elect to provide services and pro12 grams specified in paragraph (1): 

13 ‘‘(i) PERCENTAGE OF CANDIDATES

14 FOR FOSTER CARE WHO DO NOT ENTER

15 FOSTER CARE.—The percentage of can16 didates for foster care for whom, or on 

17 whose behalf, the services or programs are 

18 provided who do not enter foster care, in19 cluding those placed with a kin caregiver 

20 outside of foster care, during the 12-month 

21 period in which the services or programs 

22 are provided and through the end of the 

23 succeeding 12-month-period. 

24 ‘‘(ii) PER-CHILD SPENDING.—The 

25 total amount of expenditures made for 


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1 mental health and substance abuse preven2 tion and treatment services or in-home 

3 parent skill-based programs, respectively, 

4 for, or on behalf of, each child described in 

5 paragraph (2). 

6 ‘‘(B) DATA.—The Secretary shall establish 

7 and annually update the prevention services 

8 measures— 

9 ‘‘(i) based on the median State values 

10 of the information reported under each 

11 clause of subparagraph (A) for the 3 then 

12 most recent years; and 

13 ‘‘(ii) taking into account State dif14 ferences in the price levels of consumption 

15 goods and services using the most recent 

16 regional price parities published by the Bu17 reau of Economic Analysis of the Depart18 ment of Commerce or such other data as 

19 the Secretary determines appropriate. 

20 ‘‘(C) PUBLICATION OF STATE PREVENTION

21 SERVICES MEASURES.—The Secretary shall an22 nually make available to the public the preven23 tion services measures of each State. 

24 ‘‘(7) MAINTENANCE OF EFFORT FOR STATE

25 FOSTER CARE PREVENTION EXPENDITURES.— 


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1 ‘‘(A) IN GENERAL.—If a State elects to 

2 provide services and programs specified in para3 graph (1) for a fiscal year, the State foster care 

4 prevention expenditures for the fiscal year shall 

5 not be less than the amount of the expenditures 

6 for fiscal year 2014. 

7 ‘‘(B) STATE FOSTER CARE PREVENTION

8 EXPENDITURES.—The term ‘State foster care 

9 prevention expenditures’ means the following: 

10 ‘‘(i) TANF; IV–B; SSBG.—State ex11 penditures for foster care prevention serv12 ices and activities under the State program 

13 funded under part A (including from 

14 amounts made available by the Federal 

15 Government), under the State plan devel16 oped under part B (including any such 

17 amounts), or under the Social Services 

18 Block Grant Programs under subtitle A of 

19 title XX (including any such amounts). 

20 ‘‘(ii) OTHER STATE PROGRAMS.— 

21 State expenditures for foster care preven22 tion services and activities under any State 

23 program that is not described in clause (i) 

24 (other than any State expenditures for fos25 ter care prevention services and activities 


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1 under the State program under this part 

2 (including under a waiver of the pro3 gram)). 

4 ‘‘(C) STATE EXPENDITURES.—The term 

5 ‘State expenditures’ means all State or local 

6 funds that are expended by the State or a local 

7 agency including State or local funds that are 

8 matched or reimbursed by the Federal Govern9 ment and State or local funds that are not 

10 matched or reimbursed by the Federal Govern11 ment. 

12 ‘‘(D) DETERMINATION OF PREVENTION

13 SERVICES AND ACTIVITIES.—The Secretary 

14 shall require each State that elects to provide 

15 services and programs specified in paragraph 

16 (1) to report the expenditures specified in sub17 paragraph (B) for fiscal year 2014 and for such 

18 fiscal years thereafter as are necessary to deter19 mine whether the State is complying with the 

20 maintenance of effort requirement in subpara21 graph (A). The Secretary shall specify the spe22 cific services and activities under each program 

23 referred to in subparagraph (B) that are ‘pre24 vention services and activities’ for purposes of 

25 the reports. 


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1 ‘‘(8) PROHIBITION AGAINST USE OF STATE FOS2 TER CARE PREVENTION EXPENDITURES AND FED3 ERAL IV–E PREVENTION FUNDS FOR MATCHING OR

4 EXPENDITURE REQUIREMENT.—A State that elects 

5 to provide services and programs specified in para6 graph (1) shall not use any State foster care preven7 tion expenditures for a fiscal year for the State 

8 share of expenditures under section 474(a)(6) for a 

9 fiscal year. 

10 ‘‘(9) ADMINISTRATIVE COSTS.—Expenditures 

11 described in section 474(a)(6)(B)— 

12 ‘‘(A) shall not be eligible for payment 

13 under subparagraph (A), (B), or (E) of section 

14 474(a)(3); and 

15 ‘‘(B) shall be eligible for payment under 

16 section 474(a)(6)(B) without regard to whether 

17 the expenditures are incurred on behalf of a 

18 child who is, or is potentially, eligible for foster 

19 care maintenance payments under this part. 

20 ‘‘(10) APPLICATION.—The provision of services 

21 or programs under this subsection to or on behalf of 

22 a child described in paragraph (2) shall not be con23 sidered to be receipt of aid or assistance under the 

24 State plan under this part for purposes of eligibility 

25 for any other program established under this Act.’’. 


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1 (b) DEFINITION.—Section 475 of such Act (42 

2 U.S.C. 675) is amended by adding at the end the fol3 lowing: 

4 ‘‘(13) The term ‘child who is a candidate for 

5 foster care’ means, a child who is identified in a pre6 vention plan under section 471(e)(4)(A) as being at 

7 imminent risk of entering foster care (without re8 gard to whether the child would be eligible for foster 

9 care maintenance payments under section 472 or is 

10 or would be eligible for adoption assistance or kin11 ship guardianship assistance payments under section 

12 473) but who can remain safely in the child’s home 

13 or in a kinship placement as long as services or pro14 grams specified in section 471(e)(1) that are nec15 essary to prevent the entry of the child into foster 

16 care are provided. The term includes a child whose 

17 adoption or guardianship arrangement is at risk of 

18 a disruption or dissolution that would result in a 

19 foster care placement.’’. 

20 (c) PAYMENTS UNDER TITLE IV–E.—Section 474(a) 

21 of such Act (42 U.S.C. 674(a)) is amended— 

22 (1) in paragraph (5), by striking the period at 

23 the end and inserting ‘‘; plus’’; and 

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

25 ‘‘(6) subject to section 471(e)— 


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1 ‘‘(A) for each quarter— 

2 ‘‘(i) subject to clause (ii)— 

3 ‘‘(I) beginning after September 

4 30, 2019, and before October 1, 2025, 

5 an amount equal to 50 percent of the 

6 total amount expended during the 

7 quarter for the provision of services or 

8 programs specified in subparagraph 

9 (A) or (B) of section 471(e)(1) that 

10 are provided in accordance with prom11 ising, supported, or well-supported 

12 practices that meet the applicable cri13 teria specified for the practices in sec14 tion 471(e)(4)(C); and 

15 ‘‘(II) beginning after September 

16 30, 2025, an amount equal to the 

17 Federal medical assistance percentage 

18 (which shall be as defined in section 

19 1905(b), in the case of a State other 

20 than the District of Columbia, or 70 

21 percent, in the case of the District of 

22 Columbia) of the total amount ex23 pended during the quarter for the pro24 vision of services or programs speci25 fied in subparagraph (A) or (B) of 


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1 section 471(e)(1) that are provided in 

2 accordance with promising, supported, 

3 or well-supported practices that meet 

4 the applicable criteria specified for the 

5 practices in section 471(e)(4)(C) (or, 

6 with respect to the payments made 

7 during the quarter under a coopera8 tive agreement or contract entered 

9 into by the State and an Indian tribe, 

10 tribal organization, or tribal consor11 tium for the administration or pay12 ment of funds under this part, an 

13 amount equal to the Federal medical 

14 assistance percentage that would 

15 apply under section 479B(d) (in this 

16 paragraph referred to as the ‘tribal 

17 FMAP’) if the Indian tribe, tribal or18 ganization, or tribal consortium made 

19 the payments under a program oper20 ated under that section, unless the 

21 tribal FMAP is less than the Federal 

22 medical assistance percentage that ap23 plies to the State); except that 

24 ‘‘(ii) not less than 50 percent of the 

25 total amount payable to a State under 


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1 clause (i) for a fiscal year shall be for the 

2 provision of services or programs specified 

3 in subparagraph (A) or (B) of section 

4 471(e)(1) that are provided in accordance 

5 with well-supported practices; plus 

6 ‘‘(B) for each quarter specified in subpara7 graph (A), an amount equal to the sum of the 

8 following proportions of the total amount ex9 pended during the quarter: 

10 ‘‘(i) 50 percent of so much of the ex11 penditures as are found necessary by the 

12 Secretary for the proper and efficient ad13 ministration of the State plan for the pro14 vision of services or programs specified in 

15 section 471(e)(1), including expenditures 

16 for activities approved by the Secretary 

17 that promote the development of necessary 

18 processes and procedures to establish and 

19 implement the provision of the services and 

20 programs for individuals who are eligible 

21 for the services and programs and expendi22 tures attributable to data collection and re23 porting; and 

24 ‘‘(ii) 50 percent of so much of the ex25 penditures with respect to the provision of 


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1 services and programs specified in section 

2 471(e)(1) as are for training of personnel 

3 employed or preparing for employment by 

4 the State agency or by the local agency ad5 ministering the plan in the political sub6 division and of the members of the staff of 

7 State-licensed or State-approved child wel8 fare agencies providing services to children 

9 described in section 471(e)(2) and their 

10 parents or kin caregivers, including on how 

11 to determine who are individuals eligible 

12 for the services or programs, how to iden13 tify and provide appropriate services and 

14 programs, and how to oversee and evaluate 

15 the ongoing appropriateness of the services 

16 and programs.’’. 

17 (d) TECHNICAL ASSISTANCE AND BEST PRACTICES, 

18 CLEARINGHOUSE, AND DATA COLLECTION AND EVALUA19 TIONS.—Section 476 of such Act (42 U.S.C. 676) is 

20 amended by adding at the end the following: 

21 ‘‘(d) TECHNICAL ASSISTANCE AND BEST PRACTICES, 

22 CLEARINGHOUSE, DATA COLLECTION, AND EVALUATIONS

23 RELATING TO PREVENTION SERVICES AND PROGRAMS.— 

24 ‘‘(1) TECHNICAL ASSISTANCE AND BEST PRAC25 TICES.—The Secretary shall provide to States and, 


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1 as applicable, to Indian tribes, tribal organizations, 

2 and tribal consortia, technical assistance regarding 

3 the provision of services and programs described in 

4 section 471(e)(1) and shall disseminate best prac5 tices with respect to the provision of the services and 

6 programs, including how to plan and implement a 

7 well-designed and rigorous evaluation of a prom8 ising, supported, or well-supported practice. 

9 ‘‘(2) CLEARINGHOUSE OF PROMISING, SUP10 PORTED, AND WELL-SUPPORTED PRACTICES.—The 

11 Secretary shall, directly or through grants, con12 tracts, or interagency agreements, evaluate research 

13 on the practices specified in clauses (iii), (iv), and 

14 (v), respectively, of section 471(e)(4)(C), and pro15 grams that meet the requirements described in sec16 tion 427(a)(1), including culturally specific, or 

17 location- or population-based adaptations of the 

18 practices, to identify and establish a public clearing19 house of the practices that satisfy each category de20 scribed by such clauses. In addition, the clearing21 house shall include information on the specific out22 comes associated with each practice, including 

23 whether the practice has been shown to prevent child 

24 abuse and neglect and reduce the likelihood of foster 

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1 ship families and improving targeted supports for 

2 pregnant and parenting youth and their children. 

3 ‘‘(3) DATA COLLECTION AND EVALUATIONS.— 

4 The Secretary, directly or through grants, contracts, 

5 or interagency agreements, may collect data and 

6 conduct evaluations with respect to the provision of 

7 services and programs described in section 471(e)(1) 

8 for purposes of assessing the extent to which the 

9 provision of the services and programs— 

10 ‘‘(A) reduces the likelihood of foster care 

11 placement; 

12 ‘‘(B) increases use of kinship care arrange13 ments; or 

14 ‘‘(C) improves child well-being. 

15 ‘‘(4) REPORTS TO CONGRESS.— 

16 ‘‘(A) IN GENERAL.—The Secretary shall 

17 submit to the Committee on Finance of the 

18 Senate and the Committee on Ways and Means 

19 of the House of Representatives periodic reports 

20 based on the provision of services and programs 

21 described in section 471(e)(1) and the activities 

22 carried out under this subsection. 

23 ‘‘(B) PUBLIC AVAILABILITY.—The Sec24 retary shall make the reports to Congress sub25 mitted under this paragraph publicly available. 


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1 ‘‘(5) APPROPRIATION.—Out of any money in 

2 the Treasury of the United States not otherwise ap3 propriated, there is appropriated to the Secretary 

4 $1,000,000 for fiscal year 2016 and each fiscal year 

5 thereafter to carry out this subsection.’’. 

6 (e) APPLICATION TO PROGRAMS OPERATED BY IN7 DIAN TRIBAL ORGANIZATIONS.— 

8 (1) IN GENERAL.—Section 479B of such Act 

9 (42 U.S.C. 679c) is amended— 

10 (A) in subsection (c)(1)— 

11 (i) in subparagraph (C)(i)— 

12 (I) in subclause (II), by striking 

13 ‘‘and’’ after the semicolon; 

14 (II) in subclause (III), by strik15 ing the period at the end and insert16 ing ‘‘; and’’; and 

17 (III) by adding at the end the 

18 following: 

19 ‘‘(IV) at the option of the tribe, 

20 organization, or consortium, services 

21 and programs specified in section 

22 471(e)(1) to children described in sec23 tion 471(e)(2) and their parents or 

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1 tion 471(e) and subparagraph (E).’’; 

2 and 

3 (ii) by adding at the end the fol4 lowing: 

5 ‘‘(E) PREVENTION SERVICES AND PRO6 GRAMS FOR CHILDREN AND THEIR PARENTS

7 AND KIN CAREGIVERS.— 

8 ‘‘(i) IN GENERAL.—In the case of a 

9 tribe, organization, or consortium that 

10 elects to provide services and programs 

11 specified in section 471(e)(1) to children 

12 described in section 471(e)(2) and their 

13 parents or kin caregivers under the plan, 

14 the Secretary shall specify the require15 ments applicable to the provision of the 

16 services and programs. The requirements 

17 shall, to the greatest extent practicable, be 

18 consistent with the requirements applicable 

19 to States under section 471(e) and shall 

20 permit the provision of the services and 

21 programs in the form of services and pro22 grams that are adapted to the culture and 

23 context of the tribal communities served. 

24 ‘‘(ii) PERFORMANCE MEASURES.—The 

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1 ance measures for each tribe, organization, 

2 or consortium that elects to provide serv3 ices and programs specified in section 

4 471(e)(1). The performance measures 

5 shall, to the greatest extent practicable, be 

6 consistent with the prevention services 

7 measures required for States under section 

8 471(e)(6) but shall allow for consideration 

9 of factors unique to the provision of the 

10 services by tribes, organizations, or con11 sortia.’’; and 

12 (B) in subsection (d)(1), by striking ‘‘and 

13 (5)’’ and inserting ‘‘(5), and (6)(A)’’. 

14 (2) CONFORMING AMENDMENT.—The heading 

15 for subsection (d) of section 479B of such Act (42 

16 U.S.C. 679c) is amended by striking ‘‘FOR FOSTER

17 CARE MAINTENANCE AND ADOPTION ASSISTANCE

18 PAYMENTS’’. 

19 SEC. 112. FOSTER CARE MAINTENANCE PAYMENTS FOR 

20 CHILDREN WITH PARENTS IN A LICENSED 

21 RESIDENTIAL FAMILY-BASED TREATMENT 

22 FACILITY FOR SUBSTANCE ABUSE. 

23 (a) IN GENERAL.—Section 472 of the Social Security 

24 Act (42 U.S.C. 672) is amended— 


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1 (1) in subsection (a)(2)(C), by striking ‘‘or’’ 

2 and inserting ‘‘, with a parent residing in a licensed 

3 residential family-based treatment facility, but only 

4 to the extent permitted under subsection (j), or in 

5 a’’; and 

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

7 ‘‘(j) CHILDREN PLACED WITH A PARENT RESIDING

8 IN A LICENSED RESIDENTIAL FAMILY-BASED TREAT9 MENT FACILITY FOR SUBSTANCE ABUSE.— 

10 ‘‘(1) IN GENERAL.—Notwithstanding the pre11 ceding provisions of this section, a child who is eligi12 ble for foster care maintenance payments under this 

13 section, or who would be eligible for the payments if 

14 the eligibility were determined without regard to 

15 paragraphs (1)(B) and (3) of subsection (a), shall be 

16 eligible for the payments for a period of not more 

17 than 12 months during which the child is placed 

18 with a parent who is in a licensed residential family19 based treatment facility for substance abuse, but 

20 only if— 

21 ‘‘(A) the recommendation for the place22 ment is specified in the child’s case plan before 

23 the placement; 

24 ‘‘(B) the treatment facility provides, as 

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1 enting skills training, parent education, and in2 dividual and family counseling; and 

3 ‘‘(C) the substance abuse treatment, par4 enting skills training, parent education, and in5 dividual and family counseling is provided 

6 under an organizational structure and treat7 ment framework that involves understanding, 

8 recognizing, and responding to the effects of all 

9 types of trauma and in accordance with recog10 nized principles of a trauma-informed approach 

11 and trauma-specific interventions to address the 

12 consequences of trauma and facilitate healing. 

13 ‘‘(2) APPLICATION.—With respect to children 

14 for whom foster care maintenance payments are 

15 made under paragraph (1), only the children who 

16 satisfy the requirements of paragraphs (1)(B) and 

17 (3) of subsection (a) shall be considered to be chil18 dren with respect to whom foster care maintenance 

19 payments are made under this section for purposes 

20 of subsection (h) or section 473(b)(3)(B).’’. 

21 (b) CONFORMING AMENDMENT.—Section 474(a)(1) 

22 of such Act (42 U.S.C. 674(a)(1)) is amended by inserting 

23 ‘‘subject to section 472(j),’’ before ‘‘an amount equal to 

24 the Federal’’ the first place it appears. 


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1 SEC. 113. TITLE IV–E PAYMENTS FOR EVIDENCE-BASED 

2 KINSHIP NAVIGATOR PROGRAMS. 

3 Section 474(a) of the Social Security Act (42 U.S.C. 

4 674(a)), as amended by section 111(c), is amended— 

5 (1) in paragraph (6), by striking the period at 

6 the end and inserting ‘‘; plus’’; and 

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

8 ‘‘(7) an amount equal to 50 percent of the 

9 amounts expended by the State during the quarter 

10 as the Secretary determines are for kinship navi11 gator programs that meet the requirements de12 scribed in section 427(a)(1) and that the Secretary 

13 determines are operated in accordance with prom14 ising, supported, or well-supported practices that 

15 meet the applicable criteria specified for the prac16 tices in section 471(e)(4)(C), without regard to 

17 whether the expenditures are incurred on behalf of 

18 children who are, or are potentially, eligible for fos19 ter care maintenance payments under this part.’’. 


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1 Subtitle B—Enhanced Support 

2 Under Title IV–B 

3 SEC. 121. ELIMINATION OF TIME LIMIT FOR FAMILY REUNI4 FICATION SERVICES WHILE IN FOSTER CARE 

5 AND PERMITTING TIME-LIMITED FAMILY RE6 UNIFICATION SERVICES WHEN A CHILD RE7 TURNS HOME FROM FOSTER CARE. 

8 (a) IN GENERAL.—Section 431(a)(7) of the Social 

9 Security Act (42 U.S.C. 629a(a)(7)) is amended— 

10 (1) in the paragraph heading, by striking 

11 ‘‘TIME-LIMITED FAMILY’’ and inserting ‘‘FAMILY’’; 

12 and 

13 (2) in subparagraph (A)— 

14 (A) by striking ‘‘time-limited family’’ and 

15 inserting ‘‘family’’; 

16 (B) by inserting ‘‘or a child who has been 

17 returned home’’ after ‘‘child care institution’’; 

18 and 

19 (C) by striking ‘‘, but only during the 15- 

20 month period that begins on the date that the 

21 child, pursuant to section 475(5)(F), is consid22 ered to have entered foster care’’ and inserting 

23 ‘‘and to ensure the strength and stability of the 

24 reunification. In the case of a child who has 

25 been returned home, the services and activities 


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1 shall only be provided during the 15-month pe2 riod that begins on the date that the child re3 turns home’’. 

4 (b) CONFORMING AMENDMENTS.— 

5 (1) Section 430 of such Act (42 U.S.C. 629) is 

6 amended in the matter preceding paragraph (1), by 

7 striking ‘‘time-limited’’. 

8 (2) Subsections (a)(4), (a)(5)(A), and (b)(1) of 

9 section 432 of such Act (42 U.S.C. 629b) are 

10 amended by striking ‘‘time-limited’’ each place it ap11 pears. 

12 SEC. 122. REDUCING BUREAUCRACY AND UNNECESSARY 

13 DELAYS WHEN PLACING CHILDREN IN 

14 HOMES ACROSS STATE LINES. 

15 (a) STATE PLAN REQUIREMENT.—Section 

16 471(a)(25) of the Social Security Act (42 U.S.C. 

17 671(a)(25)) is amended— 

18 (1) by striking ‘‘provide’’ and insert ‘‘provides’’; 

19 and 

20 (2) by inserting ‘‘, which, not later than Octo21 ber 1, 2026, shall include the use of an electronic 

22 interstate case-processing system’’ before the first 

23 semicolon. 

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1 PEDITE THE INTERSTATE PLACEMENT OF CHILDREN IN

2 FOSTER CARE OR GUARDIANSHIP, OR FOR ADOPTION.— 

3 Section 437 of such Act (42 U.S.C. 629g) is amended by 

4 adding at the end the following: 

5 ‘‘(g) GRANTS FOR THE DEVELOPMENT OF AN ELEC6 TRONIC INTERSTATE CASE-PROCESSING SYSTEM TO EX7 PEDITE THE INTERSTATE PLACEMENT OF CHILDREN IN

8 FOSTER CARE OR GUARDIANSHIP, OR FOR ADOPTION.— 

9 ‘‘(1) PURPOSE.—The purpose of this subsection 

10 is to facilitate the development of an electronic inter11 state case-processing system for the exchange of 

12 data and documents to expedite the placements of 

13 children in foster, guardianship, or adoptive homes 

14 across State lines. 

15 ‘‘(2) APPLICATION REQUIREMENTS.—A State 

16 that desires a grant under this subsection shall sub17 mit to the Secretary an application containing the 

18 following: 

19 ‘‘(A) A description of the goals and out20 comes to be achieved during the period for 

21 which grant funds are sought, which goals and 

22 outcomes must result in— 

23 ‘‘(i) reducing the time it takes for a 

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1 priate permanent living arrangement 

2 across State lines; 

3 ‘‘(ii) improving administrative proc4 esses and reducing costs in the foster care 

5 system; and 

6 ‘‘(iii) the secure exchange of relevant 

7 case files and other necessary materials in 

8 real time, and timely communications and 

9 placement decisions regarding interstate 

10 placements of children. 

11 ‘‘(B) A description of the activities to be 

12 funded in whole or in part with the grant 

13 funds, including the sequencing of the activities. 

14 ‘‘(C) A description of the strategies for in15 tegrating programs and services for children 

16 who are placed across State lines. 

17 ‘‘(D) Such other information as the Sec18 retary may require. 

19 ‘‘(3) GRANT AUTHORITY.—The Secretary may 

20 make a grant to a State that complies with para21 graph (2). 

22 ‘‘(4) USE OF FUNDS.—A State to which a grant 

23 is made under this subsection shall use the grant to 

24 support the State in connecting with the electronic 


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1 interstate case-processing system described in para2 graph (1). 

3 ‘‘(5) EVALUATIONS.—Not later than 1 year 

4 after the final year in which grants are awarded 

5 under this subsection, the Secretary shall submit to 

6 the Congress, and make available to the general 

7 public by posting on a website, a report that con8 tains the following information: 

9 ‘‘(A) How using the electronic interstate 

10 case-processing system developed pursuant to 

11 paragraph (4) has changed the time it takes for 

12 children to be placed across State lines. 

13 ‘‘(B) The number of cases subject to the 

14 Interstate Compact on the Placement of Chil15 dren that were processed through the electronic 

16 interstate case-processing system, and the num17 ber of interstate child placement cases that 

18 were processed outside the electronic interstate 

19 case-processing system, by each State in each 

20 year. 

21 ‘‘(C) The progress made by States in im22 plementing the electronic interstate case-proc23 essing system. 

24 ‘‘(D) How using the electronic interstate 

25 case-processing system has affected various 


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1 metrics related to child safety and well-being, 

2 including the time it takes for children to be 

3 placed across State lines. 

4 ‘‘(E) How using the electronic interstate 

5 case-processing system has affected administra6 tive costs and caseworker time spent on placing 

7 children across State lines. 

8 ‘‘(6) DATA INTEGRATION.—The Secretary, in 

9 consultation with the Secretariat for the Interstate 

10 Compact on the Placement of Children and the 

11 States, shall assess how the electronic interstate 

12 case-processing system developed pursuant to para13 graph (4) could be used to better serve and protect 

14 children that come to the attention of the child wel15 fare system, by— 

16 ‘‘(A) connecting the system with other 

17 data systems (such as systems operated by 

18 State law enforcement and judicial agencies, 

19 systems operated by the Federal Bureau of In20 vestigation for the purposes of the Innocence 

21 Lost National Initiative, and other systems); 

22 ‘‘(B) simplifying and improving reporting 

23 related to paragraphs (34) and (35) of section 

24 471(a) regarding children or youth who have 


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1 been identified as being a sex trafficking victim 

2 or children missing from foster care; and 

3 ‘‘(C) improving the ability of States to 

4 quickly comply with background check require5 ments of section 471(a)(20), including checks of 

6 child abuse and neglect registries as required by 

7 section 471(a)(20)(B).’’. 

8 (c) RESERVATION OF FUNDS TO IMPROVE THE

9 INTERSTATE PLACEMENT OF CHILDREN.—Section 437(b) 

10 of such Act (42 U.S.C. 629g(b)) is amended by adding 

11 at the end the following: 

12 ‘‘(4) IMPROVING THE INTERSTATE PLACEMENT

13 OF CHILDREN.—The Secretary shall reserve 

14 $5,000,000 of the amount made available for fiscal 

15 year 2017 for grants under subsection (g), and the 

16 amount so reserved shall remain available through 

17 fiscal year 2021.’’. 

18 SEC. 123. ENHANCEMENTS TO GRANTS TO IMPROVE WELL19 BEING OF FAMILIES AFFECTED BY SUB20 STANCE ABUSE. 

21 Section 437(f) of the Social Security Act (42 U.S.C. 

22 629g(f)) is amended— 

23 (1) in the subsection heading, by striking ‘‘IN24 CREASE THE WELL-BEING OF, AND TO IMPROVE

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1 FECTED BY’’ and inserting ‘‘IMPLEMENT IV–E PRE2 VENTION SERVICES, AND IMPROVE THE WELL3 BEING OF, AND IMPROVE PERMANENCY OUTCOMES

4 FOR, CHILDREN AND FAMILIES AFFECTED BY HER5 OIN, OPIOIDS, AND OTHER’’; 

6 (2) by striking paragraph (2) and inserting the 

7 following: 

8 ‘‘(2) REGIONAL PARTNERSHIP DEFINED.—In 

9 this subsection, the term ‘regional partnership’ 

10 means a collaborative agreement (which may be es11 tablished on an interstate, State, or intrastate basis) 

12 entered into by the following: 

13 ‘‘(A) MANDATORY PARTNERS FOR ALL

14 PARTNERSHIP GRANTS.— 

15 ‘‘(i) The State child welfare agency 

16 that is responsible for the administration 

17 of the State plan under this part and part 

18 E. 

19 ‘‘(ii) The State agency responsible for 

20 administering the substance abuse preven21 tion and treatment block grant provided 

22 under subpart II of part B of title XIX of 

23 the Public Health Service Act. 

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1 DREN IN OUT-OF-HOME PLACEMENTS.—If the 

2 partnership proposes to serve children in out-of3 home placements, the Juvenile Court or Admin4 istrative Office of the Court that is most appro5 priate to oversee the administration of court 

6 programs in the region to address the popu7 lation of families who come to the attention of 

8 the court due to child abuse or neglect. 

9 ‘‘(C) OPTIONAL PARTNERS.—At the option 

10 of the partnership, any of the following: 

11 ‘‘(i) An Indian tribe or tribal consor12 tium. 

13 ‘‘(ii) Nonprofit child welfare service 

14 providers. 

15 ‘‘(iii) For-profit child welfare service 

16 providers. 

17 ‘‘(iv) Community health service pro18 viders, including substance abuse treat19 ment providers. 

20 ‘‘(v) Community mental health pro21 viders. 

22 ‘‘(vi) Local law enforcement agencies. 

23 ‘‘(vii) School personnel. 

24 ‘‘(viii) Tribal child welfare agencies 

25 (or a consortia of the agencies). 


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1 ‘‘(ix) Any other providers, agencies, 

2 personnel, officials, or entities that are re3 lated to the provision of child and family 

4 services under a State plan approved under 

5 this subpart. 

6 ‘‘(D) EXCEPTION FOR REGIONAL PART7 NERSHIPS WHERE THE LEAD APPLICANT IS AN

8 INDIAN TRIBE OR TRIBAL CONSORTIA.—If an 

9 Indian tribe or tribal consortium enters into a 

10 regional partnership for purposes of this sub11 section, the Indian tribe or tribal consortium— 

12 ‘‘(i) may (but is not required to) in13 clude the State child welfare agency as a 

14 partner in the collaborative agreement; 

15 ‘‘(ii) may not enter into a collabo16 rative agreement only with tribal child wel17 fare agencies (or a consortium of the agen18 cies); and 

19 ‘‘(iii) if the condition described in 

20 paragraph (2)(B) applies, may include 

21 tribal court organizations in lieu of other 

22 judicial partners.’’; 

23 (3) in paragraph (3)— 

24 (A) in subparagraph (A)— 


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1 (i) by striking ‘‘2012 through 2016’’ 

2 and inserting ‘‘2017 through 2021’’; and 

3 (ii) by striking ‘‘$500,000 and not 

4 more than $1,000,000’’ and inserting 

5 ‘‘$250,000 and not more than 

6 $1,000,000’’; 

7 (B) in subparagraph (B)— 

8 (i) in the subparagraph heading, by 

9 inserting ‘‘; PLANNING’’ after ‘‘APPROVAL’’; 

10 (ii) in clause (i), by striking ‘‘clause 

11 (ii)’’ and inserting ‘‘clauses (ii) and (iii)’’; 

12 and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(iii) SUFFICIENT PLANNING.—A 

16 grant awarded under this subsection shall 

17 be disbursed in two phases: a planning 

18 phase (not to exceed 2 years); and an im19 plementation phase. The total disburse20 ment to a grantee for the planning phase 

21 may not exceed $250,000, and may not ex22 ceed the total anticipated funding for the 

23 implementation phase.’’; and 

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


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1 ‘‘(D) LIMITATION ON PAYMENT FOR A FIS2 CAL YEAR.—No payment shall be made under 

3 subparagraph (A) or (C) for a fiscal year until 

4 the Secretary determines that the eligible part5 nership has made sufficient progress in meeting 

6 the goals of the grant and that the members of 

7 the eligible partnership are coordinating to a 

8 reasonable degree with the other members of 

9 the eligible partnership.’’; 

10 (4) in paragraph (4)— 

11 (A) in subparagraph (B)— 

12 (i) in clause (i), by inserting ‘‘, par13 ents, and families’’ after ‘‘children’’; 

14 (ii) in clause (ii), by striking ‘‘safety 

15 and permanence for such children; and’’ 

16 and inserting ‘‘safe, permanent caregiving 

17 relationships for the children;’’; 

18 (iii) in clause (iii), by striking ‘‘or’’ 

19 and inserting ‘‘increase reunification rates 

20 for children who have been placed in out of 

21 home care, or decrease’’; and 

22 (iv) by redesignating clause (iii) as 

23 clause (v) and inserting after clause (ii) 

24 the following: 


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1 ‘‘(iii) improve the substance abuse 

2 treatment outcomes for parents including 

3 retention in treatment and successful com4 pletion of treatment; 

5 ‘‘(iv) facilitate the implementation, de6 livery, and effectiveness of prevention serv7 ices and programs under section 471(e); 

8 and’’; 

9 (B) in subparagraph (D), by striking 

10 ‘‘where appropriate,’’; and 

11 (C) by striking subparagraphs (E) and (F) 

12 and inserting the following: 

13 ‘‘(E) A description of a plan for sustaining 

14 the services provided by or activities funded 

15 under the grant after the conclusion of the 

16 grant period, including through the use of pre17 vention services and programs under section 

18 471(e) and other funds provided to the State 

19 for child welfare and substance abuse preven20 tion and treatment services. 

21 ‘‘(F) Additional information needed by the 

22 Secretary to determine that the proposed activi23 ties and implementation will be consistent with 

24 research or evaluations showing which practices 

25 and approaches are most effective.’’; 


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1 (5) in paragraph (5)(A), by striking ‘‘abuse 

2 treatment’’ and inserting ‘‘use disorder treatment in3 cluding medication assisted treatment and in-home 

4 substance abuse disorder treatment and recovery’’; 

5 (6) in paragraph (7)— 

6 (A) by striking ‘‘and’’ at the end of sub7 paragraph (C); and 

8 (B) by redesignating subparagraph (D) as 

9 subparagraph (E) and inserting after subpara10 graph (C) the following: 

11 ‘‘(D) demonstrate a track record of suc12 cessful collaboration among child welfare, sub13 stance abuse disorder treatment and mental 

14 health agencies; and’’; 

15 (7) in paragraph (8)— 

16 (A) in subparagraph (A)— 

17 (i) by striking ‘‘establish indicators 

18 that will be’’ and inserting ‘‘review indica19 tors that are’’; and 

20 (ii) by striking ‘‘in using funds made 

21 available under such grants to achieve the 

22 purpose of this subsection’’ and inserting 

23 ‘‘and establish a set of core indicators re24 lated to child safety, parental recovery, 

25 parenting capacity, and family well-being. 


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1 In developing the core indicators, to the 

2 extent possible, indicators shall be made 

3 consistent with the outcome measures de4 scribed in section 471(e)(6)’’; and 

5 (B) in subparagraph (B)— 

6 (i) in the matter preceding clause (i), 

7 by inserting ‘‘base the performance meas8 ures on lessons learned from prior rounds 

9 of regional partnership grants under this 

10 subsection, and’’ before ‘‘consult’’; and 

11 (ii) by striking clauses (iii) and (iv) 

12 and inserting the following: 

13 ‘‘(iii) Other stakeholders or constitu14 encies as determined by the Secretary.’’; 

15 (8) in paragraph (9)(A), by striking clause (i) 

16 and inserting the following: 

17 ‘‘(i) SEMIANNUAL REPORTS.—Not 

18 later than September 30 of each fiscal year 

19 in which a recipient of a grant under this 

20 subsection is paid funds under the grant, 

21 and every 6 months thereafter, the grant 

22 recipient shall submit to the Secretary a 

23 report on the services provided and activi24 ties carried out during the reporting pe25 riod, progress made in achieving the goals 


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1 of the program, the number of children, 

2 adults, and families receiving services, and 

3 such additional information as the Sec4 retary determines is necessary. The report 

5 due not later than September 30 of the 

6 last such fiscal year shall include, at a 

7 minimum, data on each of the performance 

8 indicators included in the evaluation of the 

9 regional partnership.’’; and 

10 (9) in paragraph (10), by striking ‘‘2012 

11 through 2016’’ and inserting ‘‘2017 through 2021’’. 

12 Subtitle C—Miscellaneous 

13 SEC. 131. REVIEWING AND IMPROVING LICENSING STAND14 ARDS FOR PLACEMENT IN A RELATIVE FOS15 TER FAMILY HOME. 

16 (a) IDENTIFICATION OF REPUTABLE MODEL LI17 CENSING STANDARDS.—Not later than October 1, 2017, 

18 the Secretary of Health and Human Services shall identify 

19 reputable model licensing standards with respect to the li20 censing of foster family homes (as defined in section 

21 472(c)(1) of the Social Security Act). 

22 (b) STATE PLAN REQUIREMENT.—Section 471(a) of 

23 the Social Security Act (42 U.S.C. 671(a)) is amended— 

24 (1) in paragraph (34)(B), by striking ‘‘and’’ 

25 after the semicolon; 


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1 (2) in paragraph (35)(B), by striking the period 

2 at the end and inserting a semicolon; and 

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

4 ‘‘(36) provides that, not later than April 1, 

5 2018, the State shall submit to the Secretary infor6 mation addressing— 

7 ‘‘(A) whether the State licensing standards 

8 are in accord with model standards identified 

9 by the Secretary, and if not, the reason for the 

10 specific deviation and a description as to why 

11 having a standard that is reasonably in accord 

12 with the corresponding national model stand13 ards is not appropriate for the State; 

14 ‘‘(B) whether the State has elected to 

15 waive standards established in 471(a)(10)(A) 

16 for relative foster family homes (pursuant to 

17 waiver authority provided by 471(a)(10)(D)), a 

18 description of which standards the State most 

19 commonly waives, and if the State has not 

20 elected to waive the standards, the reason for 

21 not waiving these standards; 

22 ‘‘(C) if the State has elected to waive 

23 standards specified in subparagraph (B), how 

24 caseworkers are trained to use the waiver au25 thority and whether the State has developed a 


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1 process or provided tools to assist caseworkers 

2 in waiving nonsafety standards per the author3 ity provided in 471(a)(10)(D) to quickly place 

4 children with relatives; and 

5 ‘‘(D) a description of the steps the State is 

6 taking to improve caseworker training or the 

7 process, if any; and’’. 

8 SEC. 132. DEVELOPMENT OF A STATEWIDE PLAN TO PRE9 VENT CHILD ABUSE AND NEGLECT FATALI10 TIES. 

11 Section 422(b)(19) of the Social Security Act (42 

12 U.S.C. 622(b)(19)) is amended to read as follows: 

13 ‘‘(19) document steps taken to track and pre14 vent child maltreatment deaths by including— 

15 ‘‘(A) a description of the steps the State is 

16 taking to compile complete and accurate infor17 mation on the deaths required by Federal law 

18 to be reported by the State agency referred to 

19 in paragraph (1), including gathering relevant 

20 information on the deaths from the relevant or21 ganizations in the State including entities such 

22 as State vital statistics department, child death 

23 review teams, law enforcement agencies, offices 

24 of medical examiners or coroners; and 


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1 ‘‘(B) a description of the steps the state is 

2 taking to develop and implement of a com3 prehensive, statewide plan to prevent the fatali4 ties that involves and engages relevant public 

5 and private agency partners, including those in 

6 public health, law enforcement, and the 

7 courts.’’. 

8 SEC. 133. MODERNIZING THE TITLE AND PURPOSE OF 

9 TITLE IV–E. 

10 (a) PART HEADING.—The heading for part E of title 

11 IV of the Social Security Act (42 U.S.C. 670 et seq.) is 

12 amended to read as follows: 

13 ‘‘PART E—FEDERAL PAYMENTS FOR FOSTER 

14 CARE, PREVENTION, AND PERMANENCY’’. 

15 (b) PURPOSE.—The first sentence of section 470 of 

16 such Act (42 U.S.C. 670) is amended— 

17 (1) by striking ‘‘1995) and’’ and inserting 

18 ‘‘1995),’’; 

19 (2) by inserting ‘‘kinship guardianship assist20 ance, and prevention services or programs specified 

21 in section 471(e)(1),’’ after ‘‘needs,’’; and 

22 (3) by striking ‘‘(commencing with the fiscal 

23 year which begins October 1, 1980)’’. 

24 SEC. 134. EFFECTIVE DATES. 

25 (a) EFFECTIVE DATES.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), subject to subsection (b), the amend3 ments made by this title shall take effect on October 

4 1, 2016. 

5 (2) EXCEPTIONS.—The amendments made by 

6 sections 131 and 133 shall take effect on the date 

7 of enactment of this Act. 

8 (b) TRANSITION RULE.— 

9 (1) IN GENERAL.—In the case of a State plan 

10 under part B or E of title IV of the Social Security 

11 Act which the Secretary of Health and Human Serv12 ices determines requires State legislation (other than 

13 legislation appropriating funds) in order for the plan 

14 to meet the additional requirements imposed by the 

15 amendments made by this title, the State plan shall 

16 not be regarded as failing to comply with the re17 quirements of such part solely on the basis of the 

18 failure of the plan to meet such additional require19 ments before the first day of the first calendar quar20 ter beginning after the close of the first regular ses21 sion of the State legislature that begins after the 

22 date of enactment of this Act. For purposes of the 

23 previous sentence, in the case of a State that has a 

24 2-year legislative session, each year of the session 


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1 shall be deemed to be a separate regular session of 

2 the State legislature. 

3 (2) APPLICATION TO PROGRAMS OPERATED BY

4 INDIAN TRIBAL ORGANIZATIONS.—In the case of an 

5 Indian tribe, tribal organization, or tribal consortium 

6 which the Secretary of Health and Human Services 

7 determines requires time to take action necessary to 

8 comply with the additional requirements imposed by 

9 the amendments made by this title (whether the 

10 tribe, organization, or tribal consortium has a plan 

11 under section 479B of the Social Security Act or a 

12 cooperative agreement or contract entered into with 

13 a State), the Secretary shall provide the tribe, orga14 nization, or tribal consortium with such additional 

15 time as the Secretary determines is necessary for the 

16 tribe, organization, or tribal consortium to take the 

17 action to comply with the additional requirements 

18 before being regarded as failing to comply with the 

19 requirements. 


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1 TITLE II—ENSURING THE NE2 CESSITY OF A PLACEMENT 

3 THAT IS NOT IN A FOSTER 

4 FAMILY HOME 

5 SEC. 201. LIMITATION ON FEDERAL FINANCIAL PARTICIPA6 TION FOR PLACEMENTS THAT ARE NOT IN 

7 FOSTER FAMILY HOMES. 

8 (a) LIMITATION ON FEDERAL FINANCIAL PARTICIPA9 TION.— 

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

11 Security Act (42 U.S.C. 672), as amended by sec12 tion 112, is amended— 

13 (A) in subsection (a)(2)(C), by inserting ‘‘, 

14 but only to the extent permitted under sub15 section (k)’’ after ‘‘institution’’; and 

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

17 ‘‘(k) LIMITATION ON FEDERAL FINANCIAL PARTICI18 PATION.— 

19 ‘‘(1) IN GENERAL.—Beginning with the third 

20 week for which foster care maintenance payments 

21 are made under this section on behalf of a child 

22 placed in a child-care institution, no Federal pay23 ment shall be made to the State under section 

24 474(a)(1) for amounts expended for foster care 


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1 maintenance payments on behalf of the child un2 less— 

3 ‘‘(A) the child is placed in a child-care in4 stitution that is a setting specified in paragraph 

5 (2) (or is placed in a licensed residential family6 based treatment facility consistent with sub7 section (j)); and 

8 ‘‘(B) in the case of a child placed in a 

9 qualified residential treatment program (as de10 fined in paragraph (4)), the requirements speci11 fied in paragraph (3) and section 475A(c) are 

12 met. 

13 ‘‘(2) SPECIFIED SETTINGS FOR PLACEMENT.— 

14 The settings for placement specified in this para15 graph are the following: 

16 ‘‘(A) A qualified residential treatment pro17 gram (as defined in paragraph (4)). 

18 ‘‘(B) A setting specializing in providing 

19 prenatal, post-partum, or parenting supports 

20 for youth. 

21 ‘‘(C) In the case of a child who has at22 tained 18 years of age, a supervised setting in 

23 which the child is living independently. 


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1 ‘‘(3) ASSESSMENT TO DETERMINE APPRO2 PRIATENESS OF PLACEMENT IN A QUALIFIED RESI3 DENTIAL TREATMENT PROGRAM.— 

4 ‘‘(A) DEADLINE FOR ASSESSMENT.—In 

5 the case of a child who is placed in a qualified 

6 residential treatment program, if the assess7 ment required under section 475A(c)(1) is not 

8 completed within 30 days after the placement is 

9 made, no Federal payment shall be made to the 

10 State under section 474(a)(1) for any amounts 

11 expended for foster care maintenance payments 

12 on behalf of the child during the placement. 

13 ‘‘(B) DEADLINE FOR TRANSITION OUT OF

14 PLACEMENT.—If the assessment required under 

15 section 475A(c)(1) determines that the place16 ment of a child in a qualified residential treat17 ment program is not appropriate, a court dis18 approves such a placement under section 

19 475A(c)(2), or a child who has been in an ap20 proved placement in a qualified residential 

21 treatment program is going to return home or 

22 be placed with a fit and willing relative, a legal 

23 guardian, or an adoptive parent, or in a foster 

24 family home, Federal payments shall be made 

25 to the State under section 474(a)(1) for 


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1 amounts expended for foster care maintenance 

2 payments on behalf of the child while the child 

3 remains in the qualified residential treatment 

4 program only during the period necessary for 

5 the child to transition home or to such a place6 ment. In no event shall a State receive Federal 

7 payments under section 474(a)(1) for amounts 

8 expended for foster care maintenance payments 

9 on behalf of a child who remains placed in a 

10 qualified residential treatment program after 

11 the end of the 30-day period that begins on the 

12 date a determination is made that the place13 ment is no longer the recommended or approved 

14 placement for the child. 

15 ‘‘(4) QUALIFIED RESIDENTIAL TREATMENT

16 PROGRAM.—For purposes of this part, the term 

17 ‘qualified residential treatment program’ means a 

18 program that— 

19 ‘‘(A) has a trauma-informed treatment 

20 model that is designed to address the needs, in21 cluding clinical needs as appropriate, of chil22 dren with serious emotional or behavioral dis23 orders or disturbances and, with respect to a 

24 child, is able to implement the treatment identiVerDate Sep 11 2014 23:41 Jun 23, 2016 Jkt 059200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H5456.PCS H5456

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1 fied for the child by the assessment of the child 

2 required under section 475A(c); 

3 ‘‘(B) has registered or licensed nursing 

4 staff and other licensed clinical staff who— 

5 ‘‘(i) provide care within the scope of 

6 their practice as defined by State law; 

7 ‘‘(ii) are on-site during business 

8 hours; and 

9 ‘‘(iii) are available 24 hours a day and 

10 7 days a week; 

11 ‘‘(C) to extent appropriate, and in accord12 ance with the child’s best interests, facilitates 

13 participation of family members in the child’s 

14 treatment program; 

15 ‘‘(D) facilitates outreach to the family 

16 members of the child, including siblings, docu17 ments how the outreach is made (including con18 tact information), and maintains contact infor19 mation for any known biological family and fic20 tive kin of the child; 

21 ‘‘(E) documents how family members are 

22 integrated into the treatment process for the 

23 child, including post-discharge, and how sibling 

24 connections are maintained; 


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1 ‘‘(F) provides discharge planning and fam2 ily-based aftercare support for at least 6 

3 months post-discharge; and 

4 ‘‘(G) is licensed in accordance with section 

5 471(a)(10) and is accredited by any of the fol6 lowing independent, not-for-profit organizations: 

7 ‘‘(i) The Commission on Accreditation 

8 of Rehabilitation Facilities (CARF). 

9 ‘‘(ii) The Joint Commission on Ac10 creditation of Healthcare Organizations 

11 (JCAHO). 

12 ‘‘(iii) The Council on Accreditation 

13 (COA). 

14 ‘‘(iv) Any other independent, not-for15 profit accrediting organization approved by 

16 the Secretary.’’. 

17 (2) CONFORMING AMENDMENT.—Section 

18 474(a)(1) of the Social Security Act (42 U.S.C. 

19 674(a)(1)), as amended by section 112(b), is amend20 ed by striking ‘‘section 472(j)’’ and inserting ‘‘sub21 sections (j) and (k) of section 472’’. 

22 (b) DEFINITION OF FOSTER FAMILY HOME, CHILD23 CARE INSTITUTION.—Section 472(c) of such Act (42 

24 U.S.C. 672(c)(1)) is amended to read as follows: 

25 ‘‘(c) DEFINITIONS.—For purposes of this part: 


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1 ‘‘(1) FOSTER FAMILY HOME.— 

2 ‘‘(A) IN GENERAL.—The term ‘foster fam3 ily home’ means the home of an individual or 

4 family— 

5 ‘‘(i) that is licensed or approved by 

6 the State in which it is situated as a foster 

7 family home that meets the standards es8 tablished for the licensing or approval; and 

9 ‘‘(ii) in which a child in foster care 

10 has been placed in the care of an indi11 vidual, who resides with the child and who 

12 has been licensed or approved by the State 

13 to be a foster parent— 

14 ‘‘(I) that the State deems capable 

15 of adhering to the reasonable and pru16 dent parent standard; 

17 ‘‘(II) that provides 24-hour sub18 stitute care for children placed away 

19 from their parents or other care20 takers; and 

21 ‘‘(III) that provides the care for 

22 not more than six children in foster 

23 care. 

24 ‘‘(B) STATE FLEXIBILITY.—The number of 

25 foster children that may be cared for in a home 


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1 under subparagraph (A) may exceed the numer2 ical limitation in subparagraph (A)(ii)(III), at 

3 the option of the State, for any of the following 

4 reasons: 

5 ‘‘(i) To allow a parenting youth in fos6 ter care to remain with the child of the 

7 parenting youth. 

8 ‘‘(ii) To allow siblings to remain to9 gether. 

10 ‘‘(iii) To allow a child with an estab11 lished meaningful relationship with the 

12 family to remain with the family. 

13 ‘‘(iv) To allow a family with special 

14 training or skills to provide care to a child 

15 who has a severe disability. 

16 ‘‘(C) RULE OF CONSTRUCTION.—Subpara17 graph (A) shall not be construed as prohibiting 

18 a foster parent from renting the home in which 

19 the parent cares for a foster child placed in the 

20 parent’s care. 

21 ‘‘(2) CHILD-CARE INSTITUTION.— 

22 ‘‘(A) IN GENERAL.—The term ‘child-care 

23 institution’ means a private child-care institu24 tion, or a public child-care institution which ac25 commodates no more than 25 children, which is 


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1 licensed by the State in which it is situated or 

2 has been approved by the agency of the State 

3 responsible for licensing or approval of institu4 tions of this type as meeting the standards es5 tablished for the licensing. 

6 ‘‘(B) SUPERVISED SETTINGS.—In the case 

7 of a child who has attained 18 years of age, the 

8 term shall include a supervised setting in which 

9 the individual is living independently, in accord10 ance with such conditions as the Secretary shall 

11 establish in regulations. 

12 ‘‘(C) EXCLUSIONS.—The term shall not in13 clude detention facilities, forestry camps, train14 ing schools, or any other facility operated pri15 marily for the detention of children who are de16 termined to be delinquent.’’. 

17 (c) TRAINING FOR STATE JUDGES, ATTORNEYS, AND

18 OTHER LEGAL PERSONNEL IN CHILD WELFARE

19 CASES.—Section 438(b)(1) of such Act (42 U.S.C. 

20 629h(b)(1)) is amended in the matter preceding subpara21 graph (A) by inserting ‘‘shall provide for the training of 

22 judges, attorneys, and other legal personnel in child wel23 fare cases on Federal child welfare policies and payment 

24 limitations with respect to children in foster care who are 


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1 placed in settings that are not a foster family home,’’ after 

2 ‘‘with respect to the child,’’. 

3 (d) ASSURANCE OF NONIMPACT ON JUVENILE JUS4 TICE SYSTEM.— 

5 (1) STATE PLAN REQUIREMENT.—Section 

6 471(a) of such Act (42 U.S.C. 671(a)), as amended 

7 by section 131, is further amended by adding at the 

8 end the following: 

9 ‘‘(37) includes a certification that, in response 

10 to the limitation imposed under section 472(k) with 

11 respect to foster care maintenance payments made 

12 on behalf of any child who is placed in a setting that 

13 is not a foster family home, the State will not enact 

14 or advance policies or practices that would result in 

15 a significant increase in the population of youth in 

16 the State’s juvenile justice system.’’. 

17 (2) GAO STUDY AND REPORT.—The Comp18 troller General of the United States shall evaluate 

19 the impact, if any, on State juvenile justice systems 

20 of the limitation imposed under section 472(k) of 

21 the Social Security Act (as added by section 

22 201(a)(1)) on foster care maintenance payments 

23 made on behalf of any child who is placed in a set24 ting that is not a foster family home, in accordance 

25 with the amendments made by subsections (a) and 


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1 (b) of this section. In particular, the Comptroller 

2 General shall evaluate the extent to which children 

3 in foster care who also are subject to the juvenile 

4 justice system of the State are placed in a facility 

5 under the jurisdiction of the juvenile justice system 

6 and whether the lack of available congregate care 

7 placements under the jurisdiction of the child wel8 fare systems is a contributing factor to that result. 

9 Not later than December 31, 2023, the Comptroller 

10 General shall submit to Congress a report on the re11 sults of the evaluation. 

12 SEC. 202. ASSESSMENT AND DOCUMENTATION OF THE 

13 NEED FOR PLACEMENT IN A QUALIFIED RES14 IDENTIAL TREATMENT PROGRAM. 

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

16 675a) is amended by adding at the end the following: 

17 ‘‘(c) ASSESSMENT, DOCUMENTATION, AND JUDICIAL

18 DETERMINATION REQUIREMENTS FOR PLACEMENT IN A

19 QUALIFIED RESIDENTIAL TREATMENT PROGRAM.—In 

20 the case of any child who is placed in a qualified residen21 tial treatment program (as defined in section 472(k)(4)), 

22 the following requirements shall apply for purposes of ap23 proving the case plan for the child and the case system 

24 review procedure for the child: 


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1 ‘‘(1)(A) Within 30 days of the start of each 

2 placement in such a setting, a qualified individual 

3 (as defined in subparagraph (D)) shall— 

4 ‘‘(i) assess the strengths and needs of the 

5 child using an age-appropriate, evidence-based, 

6 validated, functional assessment tool approved 

7 by the Secretary; 

8 ‘‘(ii) determine whether the needs of the 

9 child can be met with family members or 

10 through placement in a foster family home or, 

11 if not, which setting from among the settings 

12 specified in section 472(k)(2) would provide the 

13 most effective and appropriate level of care for 

14 the child in the least restrictive environment 

15 and be consistent with the short- and long-term 

16 goals for the child, as specified in the perma17 nency plan for the child; and 

18 ‘‘(iii) develop a list of child-specific short19 and long-term mental and behavioral health 

20 goals. 

21 ‘‘(B)(i) The State shall assemble a family and 

22 permanency team for the child in accordance with 

23 the requirements of clauses (ii) and (iii). The quali24 fied individual conducting the assessment required 

25 under subparagraph (A) shall work in conjunction 


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1 with the family of, and permanency team for, the 

2 child while conducting and making the assessment. 

3 ‘‘(ii) The family and permanency team shall 

4 consist of all appropriate biological family members, 

5 relative, and fictive kin of the child, as well as, as 

6 appropriate, professionals who are a resource to the 

7 family of the child, such as teachers, medical or 

8 mental health providers who have treated the child, 

9 or clergy. In the case of a child who has attained 

10 age 14, the family and permanency team shall in11 clude the members of the permanency planning team 

12 for the child that are selected by the child in accord13 ance with section 475(5)(C)(iv). 

14 ‘‘(iii) The State shall document in the child’s 

15 case plan— 

16 ‘‘(I) the reasonable and good faith effort of 

17 the State to identify and include all such indi18 viduals on the family of, and permanency team 

19 for, the child; 

20 ‘‘(II) all contact information for members 

21 of the family and permanency team, as well as 

22 contact information for other family members 

23 and fictive kin who are not part of the family 

24 and permanency team; 


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1 ‘‘(III) evidence that meetings of the family 

2 and permanency team, including meetings relat3 ing to the assessment required under subpara4 graph (A), are held at a time and place conven5 ient for family; 

6 ‘‘(IV) if reunification is the goal, evidence 

7 demonstrating that the parent from whom the 

8 child was removed provided input on the mem9 bers of the family and permanency team; 

10 ‘‘(V) evidence that the assessment required 

11 under subparagraph (A) is determined in con12 junction with the family and permanency team; 

13 and 

14 ‘‘(VI) the placement preferences of the 

15 family and permanency team relative to the as16 sessment and, if the placement preferences of 

17 the family and permanency team and child are 

18 not the placement setting recommended by the 

19 qualified individual conducting the assessment 

20 under subparagraph (A), the reasons why the 

21 preferences of the team and of the child were 

22 not recommended. 

23 ‘‘(C) In the case of a child who the qualified in24 dividual conducting the assessment under subpara25 graph (A) determines should not be placed in a fosVerDate Sep 11 2014 23:41 Jun 23, 2016 Jkt 059200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H5456.PCS H5456

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1 ter family home, the qualified individual shall specify 

2 in writing the reasons why the needs of the child 

3 cannot be met by the family of the child or in a fos4 ter family home. A shortage or lack of foster family 

5 homes shall not be an acceptable reason for deter6 mining that a needs of the child cannot be met in 

7 a foster family home. The qualified individual also 

8 shall specify in writing why the recommended place9 ment in a qualified residential treatment program is 

10 the setting that will provide the child with the most 

11 effective and appropriate level of care in the least re12 strictive environment and how that placement is con13 sistent with the short- and long-term goals for the 

14 child, as specified in the permanency plan for the 

15 child. 

16 ‘‘(D)(i) Subject to clause (ii), in this subsection, 

17 the term ‘qualified individual’ means a trained pro18 fessional or licensed clinician who is not an employee 

19 of the State agency and who is not connected to, or 

20 affiliated with, any placement setting in which chil21 dren are placed by the State. 

22 ‘‘(ii) The Secretary may approve a request of a 

23 State to waive any requirement in clause (i) upon a 

24 submission by the State, in accordance with criteria 

25 established by the Secretary, that certifies that the 


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1 trained professionals or licensed clinicians with re2 sponsibility for performing the assessments de3 scribed in subparagraph (A) shall maintain objec4 tivity with respect to determining the most effective 

5 and appropriate placement for a child. 

6 ‘‘(2) Within 60 days of the start of each place7 ment in a qualified residential treatment program, a 

8 family or juvenile court or another court (including 

9 a tribal court) of competent jurisdiction, or an ad10 ministrative body appointed or approved by the 

11 court, independently, shall— 

12 ‘‘(A) consider the assessment, determina13 tion, and documentation made by the qualified 

14 individual conducting the assessment under 

15 paragraph (1); 

16 ‘‘(B) determine whether the needs of the 

17 child can be met through placement in a foster 

18 family home or, if not, whether placement of 

19 the child in a qualified residential treatment 

20 program provides the most effective and appro21 priate level of care for the child in the least re22 strictive environment and whether that place23 ment is consistent with the short- and long24 term goals for the child, as specified in the per25 manency plan for the child; and 


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1 ‘‘(C) approve or disapprove the placement. 

2 ‘‘(3) The written documentation made under 

3 paragraph (1)(C) and documentation of the deter4 mination and approval or disapproval of the place5 ment in a qualified residential treatment program by 

6 a court or administrative body under paragraph (2) 

7 shall be included in and made part of the case plan 

8 for the child. 

9 ‘‘(4) As long as a child remains placed in a 

10 qualified residential treatment program, the State 

11 agency shall submit evidence at each status review 

12 and each permanency hearing held with respect to 

13 the child— 

14 ‘‘(A) demonstrating that ongoing assess15 ment of the strengths and needs of the child 

16 continues to support the determination that the 

17 needs of the child cannot be met through place18 ment in a foster family home, that the place19 ment in a qualified residential treatment pro20 gram provides the most effective and appro21 priate level of care for the child in the least re22 strictive environment, and that the placement is 

23 consistent with the short- and long-term goals 

24 for the child, as specified in the permanency 

25 plan for the child; 


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1 ‘‘(B) documenting the specific treatment or 

2 service needs that will be met for the child in 

3 the placement and the length of time the child 

4 is expected to need the treatment or services; 

5 and 

6 ‘‘(C) documenting the efforts made by the 

7 State agency to prepare the child to return 

8 home or to be placed with a fit and willing rel9 ative, a legal guardian, or an adoptive parent, 

10 or in a foster family home. 

11 ‘‘(5) In the case of any child who is placed in 

12 a qualified residential treatment program for more 

13 than 12 consecutive months or 18 nonconsecutive 

14 months (or, in the case of a child who has not at15 tained age 13, for more than 6 consecutive or non16 consecutive months), the State agency shall submit 

17 to the Secretary— 

18 ‘‘(A) the most recent versions of the evi19 dence and documentation specified in paragraph 

20 (4); and 

21 ‘‘(B) the signed approval of the head of 

22 the State agency for the continued placement of 

23 the child in that setting.’’. 


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1 SEC. 203. PROTOCOLS TO PREVENT INAPPROPRIATE DIAG2 NOSES. 

3 (a) STATE PLAN REQUIREMENT.—Section 

4 422(b)(15)(A) of the Social Security Act (42 U.S.C. 

5 622(b)(15)(A)) is amended— 

6 (1) in clause (vi), by striking ‘‘and’’ after the 

7 semicolon; 

8 (2) by redesignating clause (vii) as clause (viii); 

9 and 

10 (3) by inserting after clause (vi) the following: 

11 ‘‘(vii) the procedures and protocols 

12 the State has established to ensure that 

13 children in foster care placements are not 

14 inappropriately diagnosed with mental ill15 ness, other emotional or behavioral dis16 orders, medically fragile conditions, or de17 velopmental disabilities, and placed in set18 tings that are not foster family homes as 

19 a result of the inappropriate diagnoses; 

20 and’’. 

21 (b) EVALUATION.—Section 476 of such Act (42 

22 U.S.C. 676), as amended by section 111(d), is further 

23 amended by adding at the end the following: 

24 ‘‘(e) EVALUATION OF STATE PROCEDURES AND PRO25 TOCOLS TO PREVENT INAPPROPRIATE DIAGNOSES OF

26 MENTAL ILLNESS OR OTHER CONDITIONS.—The SecVerDate Sep 11 2014 23:41 Jun 23, 2016 Jkt 059200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H5456.PCS H5456

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1 retary shall conduct an evaluation of the procedures and 

2 protocols established by States in accordance with the re3 quirements of section 422(b)(15)(A)(vii). The evaluation 

4 shall analyze the extent to which States comply with and 

5 enforce the procedures and protocols and the effectiveness 

6 of various State procedures and protocols and shall iden7 tify best practices. Not later than January 1, 2019, the 

8 Secretary shall submit a report on the results of the eval9 uation to Congress.’’. 

10 SEC. 204. ADDITIONAL DATA AND REPORTS REGARDING 

11 CHILDREN PLACED IN A SETTING THAT IS 

12 NOT A FOSTER FAMILY HOME. 

13 Section 479A(a)(7)(A) of the Social Security Act (42 

14 U.S.C. 679b(a)(7)(A)) is amended by striking clauses (i) 

15 through (vi) and inserting the following: 

16 ‘‘(i) with respect to each such place17 ment— 

18 ‘‘(I) the type of the placement 

19 setting, including whether the place20 ment is shelter care, a group home 

21 and if so, the range of the child popu22 lation in the home, a residential treat23 ment facility, a hospital or institution 

24 providing medical, rehabilitative, or 

25 psychiatric care, a setting specializing 


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1 in providing prenatal, post-partum or 

2 parenting supports, or some other 

3 kind of child-care institution and if so, 

4 what kind; 

5 ‘‘(II) the number of children in 

6 the placement setting and the age, 

7 race, ethnicity, and gender of each of 

8 the children; 

9 ‘‘(III) for each child in the place10 ment setting, the length of the place11 ment of the child in the setting, 

12 whether the placement of the child in 

13 the setting is the first placement of 

14 the child and if not, the number and 

15 type of previous placements of the 

16 child, and whether the child has spe17 cial needs or another diagnosed men18 tal or physical illness or condition; 

19 and 

20 ‘‘(IV) the extent of any special21 ized education, treatment, counseling, 

22 or other services provided in the set23 ting; and 

24 ‘‘(ii) separately, the number and ages 

25 of children in the placements who have a 


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1 permanency plan of another planned per2 manent living arrangement; and’’. 

3 SEC. 205. EFFECTIVE DATES; APPLICATION TO WAIVERS. 

4 (a) EFFECTIVE DATES.— 

5 (1) IN GENERAL.—Subject to paragraph (2) 

6 and subsections (b) and (c), the amendments made 

7 by this title shall take effect on October 1, 2016. 

8 (2) TRANSITION RULE.—In the case of a State 

9 plan under part B or E of title IV of the Social Se10 curity Act which the Secretary of Health and 

11 Human Services determines requires State legisla12 tion (other than legislation appropriating funds) in 

13 order for the plan to meet the additional require14 ments imposed by the amendments made by this 

15 title, the State plan shall not be regarded as failing 

16 to comply with the requirements of such part solely 

17 on the basis of the failure of the plan to meet the 

18 additional requirements before the first day of the 

19 first calendar quarter beginning after the close of 

20 the first regular session of the State legislature that 

21 begins after the date of enactment of this Act. For 

22 purposes of the previous sentence, in the case of a 

23 State that has a 2-year legislative session, each year 

24 of the session shall be deemed to be a separate reg25 ular session of the State legislature. 


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1 (b) LIMITATION ON FEDERAL FINANCIAL PARTICI2 PATION FOR PLACEMENTS THAT ARE NOT IN FOSTER

3 FAMILY HOMES AND RELATED PROVISIONS.—The 

4 amendments made by sections 201(a), 201(b), 201(d), 

5 and 202 shall take effect on October 1, 2019. 

6 (c) APPLICATION TO STATES WITH WAIVERS.—In 

7 the case of a State that, on the date of enactment of this 

8 Act, has in effect a waiver approved under section 1130 

9 of the Social Security Act (42 U.S.C. 1320a–9), the 

10 amendments made by this title shall not apply with respect 

11 to the State before the expiration (determined without re12 gard to any extensions) of the waiver to the extent the 

13 amendments are inconsistent with the terms of the waiver. 

14 TITLE III—CONTINUING SUP15 PORT FOR CHILD AND FAM16 ILY SERVICES 

17 SEC. 301. SUPPORTING AND RETAINING FOSTER FAMILIES 

18 FOR CHILDREN. 

19 (a) SUPPORTING AND RETAINING FOSTER PARENTS

20 AS A FAMILY SUPPORT SERVICE.—Section 431(a)(2)(B) 

21 of the Social Security Act (42 U.S.C. 631(a)(2)(B)) is 

22 amended by redesignating clauses (iii) through (vi) as 

23 clauses (iv) through (vii), respectively, and inserting after 

24 clause (ii) the following: 


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1 ‘‘(iii) To support and retain foster 

2 families so they can provide quality family3 based settings for children in foster care.’’. 

4 (b) SUPPORT FOR FOSTER FAMILY HOMES.—Section 

5 436 of such Act (42 U.S.C. 629f) is amended by adding 

6 at the end the following: 

7 ‘‘(c) SUPPORT FOR FOSTER FAMILY HOMES.—Out 

8 of any money in the Treasury of the United States not 

9 otherwise appropriated, there are appropriated to the Sec10 retary for fiscal year 2018, $8,000,000 for the Secretary 

11 to make competitive grants to States, Indian tribes, or 

12 tribal consortia to support the recruitment and retention 

13 of high-quality foster families to increase their capacity 

14 to place more children in family settings, focused on 

15 States, Indian tribes, or tribal consortia with the highest 

16 percentage of children in non-family settings. The amount 

17 appropriated under this subparagraph shall remain avail18 able through fiscal year 2022.’’. 

19 SEC. 302. EXTENSION OF CHILD AND FAMILY SERVICES 

20 PROGRAMS. 

21 (a) EXTENSION OF STEPHANIE TUBBS JONES CHILD

22 WELFARE SERVICES PROGRAM.—Section 425 of the So23 cial Security Act (42 U.S.C. 625) is amended by striking 

24 ‘‘2012 through 2016’’ and inserting ‘‘2017 through 

25 2021’’. 


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1 (b) EXTENSION OF PROMOTING SAFE AND STABLE

2 FAMILIES PROGRAM AUTHORIZATIONS.— 

3 (1) IN GENERAL.—Section 436(a) of such Act 

4 (42 U.S.C. 629f(a)) is amended by striking all that 

5 follows ‘‘$345,000,000’’ and inserting ‘‘for each of 

6 fiscal years 2017 through 2021.’’. 

7 (2) DISCRETIONARY GRANTS.—Section 437(a) 

8 of such Act (42 U.S.C. 629g(a)) is amended by 

9 striking ‘‘2012 through 2016’’ and inserting ‘‘2017 

10 through 2021’’. 

11 (c) EXTENSION OF FUNDING RESERVATIONS FOR

12 MONTHLY CASEWORKER VISITS AND REGIONAL PART13 NERSHIP GRANTS.—Section 436(b) of such Act (42 

14 U.S.C. 629f(b)) is amended— 

15 (1) in paragraph (4)(A), by striking ‘‘2012 

16 through 2016’’ and inserting ‘‘2017 through 2021’’; 

17 and 

18 (2) in paragraph (5), by striking ‘‘2012 

19 through 2016’’ and inserting ‘‘2017 through 2021’’. 

20 (d) REAUTHORIZATION OF FUNDING FOR STATE

21 COURTS.— 

22 (1) EXTENSION OF PROGRAM.—Section 

23 438(c)(1) of such Act (42 U.S.C. 629h(c)(1)) is 

24 amended by striking ‘‘2012 through 2016’’ and in25 serting ‘‘2017 through 2021’’. 


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1 (2) EXTENSION OF FEDERAL SHARE.—Section 

2 438(d) of such Act (42 U.S.C. 629h(d)) is amended 

3 by striking ‘‘2012 through 2016’’ and inserting 

4 ‘‘2017 through 2021’’. 

5 (e) REPEAL OF EXPIRED PROVISIONS.—Section 

6 438(e) of such Act (42 U.S.C. 629h(e)) is repealed. 

7 SEC. 303. IMPROVEMENTS TO THE JOHN H. CHAFEE FOS8 TER CARE INDEPENDENCE PROGRAM AND 

9 RELATED PROVISIONS. 

10 (a) AUTHORITY TO SERVE FORMER FOSTER YOUTH

11 UP TO AGE 23.—Section 477 of the Social Security Act 

12 (42 U.S.C. 677) is amended— 

13 (1) in subsection (a)(5), by inserting ‘‘(or 23 

14 years of age, in the case of a State with a certifi15 cation under subsection (b)(3)(A)(ii) to provide as16 sistance and services to youths who have aged out 

17 of foster care and have not attained such age, in ac18 cordance with such subsection)’’ after ‘‘21 years of 

19 age’’; 

20 (2) in subsection (b)(3)(A)— 

21 (A) by inserting ‘‘(i)’’ before ‘‘A certifi22 cation’’; 

23 (B) by striking ‘‘children who have left fos24 ter care’’ and all that follows through the pe25 riod and inserting ‘‘youths who have aged out 


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1 of foster care and have not attained 21 years of 

2 age.’’; and 

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

4 ‘‘(ii) If the State has elected under section 

5 475(8)(B) to extend eligibility for foster care to 

6 all children who have not attained 21 years of 

7 age, or if the Secretary determines that the 

8 State agency responsible for administering the 

9 State plans under this part and part B uses 

10 State funds or any other funds not provided 

11 under this part to provide services and assist12 ance for youths who have aged out of foster 

13 care that are comparable to the services and as14 sistance the youths would receive if the State 

15 had made such an election, the certification re16 quired under clause (i) may provide that the 

17 State will provide assistance and services to 

18 youths who have aged out of foster care and 

19 have not attained 23 years of age.’’; and 

20 (3) in subsection (b)(3)(B), by striking ‘‘chil21 dren who have left foster care’’ and all that follows 

22 through the period and inserting ‘‘youths who have 

23 aged out of foster care and have not attained 21 

24 years of age (or 23 years of age, in the case of a 

25 State with a certification under subparagraph (A)(i) 


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1 to provide assistance and services to youths who 

2 have aged out of foster care and have not attained 

3 such age, in accordance with subparagraph 

4 (A)(ii)).’’. 

5 (b) AUTHORITY TO REDISTRIBUTE UNSPENT

6 FUNDS.—Section 477(d) of such Act (42 U.S.C. 677(d)) 

7 is amended— 

8 (1) in paragraph (4), by inserting ‘‘or does not 

9 expend allocated funds within the time period speci10 fied under section 477(d)(3)’’ after ‘‘provided by the 

11 Secretary’’; and 

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

13 ‘‘(5) REDISTRIBUTION OF UNEXPENDED

14 AMOUNTS.— 

15 ‘‘(A) AVAILABILITY OF AMOUNTS.—To the 

16 extent that amounts paid to States under this 

17 section in a fiscal year remain unexpended by 

18 the States at the end of the succeeding fiscal 

19 year, the Secretary may make the amounts 

20 available for redistribution in the second suc21 ceeding fiscal year among the States that apply 

22 for additional funds under this section for that 

23 second succeeding fiscal year. 

24 ‘‘(B) REDISTRIBUTION.— 


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1 ‘‘(i) IN GENERAL.—The Secretary 

2 shall redistribute the amounts made avail3 able under subparagraph (A) for a fiscal 

4 year among eligible applicant States. In 

5 this subparagraph, the term ‘eligible appli6 cant State’ means a State that has applied 

7 for additional funds for the fiscal year 

8 under subparagraph (A) if the Secretary 

9 determines that the State will use the 

10 funds for the purpose for which originally 

11 allotted under this section. 

12 ‘‘(ii) AMOUNT TO BE REDISTRIB13 UTED.—The amount to be redistributed to 

14 each eligible applicant State shall be the 

15 amount so made available multiplied by the 

16 State foster care ratio, (as defined in sub17 section (c)(4), except that, in such sub18 section, ‘all eligible applicant States (as de19 fined in subsection (d)(5)(B)(i))’ shall be 

20 substituted for ‘all States’). 

21 ‘‘(iii) TREATMENT OF REDISTRIBUTED

22 AMOUNT.—Any amount made available to 

23 a State under this paragraph shall be re24 garded as part of the allotment of the 


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1 State under this section for the fiscal year 

2 in which the redistribution is made. 

3 ‘‘(C) TRIBES.—For purposes of this para4 graph, the term ‘State’ includes an Indian tribe, 

5 tribal organization, or tribal consortium that re6 ceives an allotment under this section.’’. 

7 (c) EXPANDING AND CLARIFYING THE USE OF EDU8 CATION AND TRAINING VOUCHERS.— 

9 (1) IN GENERAL.—Section 477(i)(3) of such 

10 Act (42 U.S.C. 677(i)(3)) is amended— 

11 (A) by striking ‘‘on the date’’ and all that 

12 follows through ‘‘23’’ and inserting ‘‘to remain 

13 eligible until they attain 26’’; and 

14 (B) by inserting ‘‘, but in no event may a 

15 youth participate in the program for more than 

16 5 years (whether or not consecutive)’’ before 

17 the period. 

18 (2) CONFORMING AMENDMENT.—Section 

19 477(i)(1) of such Act (42 U.S.C. 677(i)(1)) is 

20 amended by inserting ‘‘who have attained 14 years 

21 of age’’ before the period. 

22 (d) OTHER IMPROVEMENTS.—Section 477 of such 

23 Act (42 U.S.C. 677), as amended by subsections (a), (b), 

24 and (c), is amended— 


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1 (1) in the section heading, by striking ‘‘INDE2 PENDENCE PROGRAM’’ and inserting ‘‘PROGRAM

3 FOR SUCCESSFUL TRANSITION TO ADULT4 HOOD’’; 

5 (2) in subsection (a)— 

6 (A) in paragraph (1)— 

7 (i) by striking ‘‘identify children who 

8 are likely to remain in foster care until 18 

9 years of age and to help these children 

10 make the transition to self-sufficiency by 

11 providing services’’ and inserting ‘‘support 

12 all youth who have experienced foster care 

13 at age 14 or older in their transition to 

14 adulthood through transitional services’’; 

15 (ii) by inserting ‘‘and post-secondary 

16 education’’ after ‘‘high school diploma’’; 

17 and 

18 (iii) by striking ‘‘training in daily liv19 ing skills, training in budgeting and finan20 cial management skills’’ and inserting 

21 ‘‘training and opportunities to practice 

22 daily living skills (such as financial literacy 

23 training and driving instruction)’’; 

24 (B) in paragraph (2), by striking ‘‘who are 

25 likely to remain in foster care until 18 years of 


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1 age receive the education, training, and services 

2 necessary to obtain employment’’ and inserting 

3 ‘‘who have experienced foster care at age 14 or 

4 older achieve meaningful, permanent connec5 tions with a caring adult’’; 

6 (C) in paragraph (3), by striking ‘‘who are 

7 likely to remain in foster care until 18 years of 

8 age prepare for and enter postsecondary train9 ing and education institutions’’ and inserting 

10 ‘‘who have experienced foster care at age 14 or 

11 older engage in age or developmentally appro12 priate activities, positive youth development, 

13 and experiential learning that reflects what 

14 their peers in intact families experience’’; and 

15 (D) by striking paragraph (4) and redesig16 nating paragraphs (5) through (8) as para17 graphs (4) through (7); 

18 (3) in subsection (b)— 

19 (A) in paragraph (2)(D), by striking ‘‘ado20 lescents’’ and inserting ‘‘youth’’; and 

21 (B) in paragraph (3)— 

22 (i) in subparagraph (D)— 

23 (I) by inserting ‘‘including train24 ing on youth development’’ after ‘‘to 

25 provide training’’; and 


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1 (II) by striking ‘‘adolescents pre2 paring for independent living’’ and all 

3 that follows through the period and 

4 inserting ‘‘youth preparing for a suc5 cessful transition to adulthood and 

6 making a permanent connection with 

7 a caring adult.’’; 

8 (ii) in subparagraph (H), by striking 

9 ‘‘adolescents’’ each place it appears and in10 serting ‘‘youth’’; and 

11 (iii) in subparagraph (K)— 

12 (I) by striking ‘‘an adolescent’’ 

13 and inserting ‘‘a youth’’; and 

14 (II) by striking ‘‘the adolescent’’ 

15 each place it appears and inserting 

16 ‘‘the youth’’; and 

17 (4) in subsection (f), by striking paragraph (2) 

18 and inserting the following: 

19 ‘‘(2) REPORT TO CONGRESS.—Not later than 

20 October 1, 2017, the Secretary shall submit to the 

21 Committee on Ways and Means of the House of 

22 Representatives and the Committee on Finance of 

23 the Senate a report on the National Youth in Tran24 sition Database and any other databases in which 

25 States report outcome measures relating to children 


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1 in foster care and children who have aged out of fos2 ter care or left foster care for kinship guardianship 

3 or adoption. The report shall include the following: 

4 ‘‘(A) A description of the reasons for entry 

5 into foster care and of the foster care experi6 ences, such as length of stay, number of place7 ment settings, case goal, and discharge reason 

8 of 17-year-olds who are surveyed by the Na9 tional Youth in Transition Database and an 

10 analysis of the comparison of that description 

11 with the reasons for entry and foster care expe12 riences of children of other ages who exit from 

13 foster care before attaining age 17. 

14 ‘‘(B) A description of the characteristics of 

15 the individuals who report poor outcomes at 

16 ages 19 and 21 to the National Youth in Tran17 sition Database. 

18 ‘‘(C) Benchmarks for determining what 

19 constitutes a poor outcome for youth who re20 main in or have exited from foster care and 

21 plans the Executive branch will take to incor22 porate these benchmarks in efforts to evaluate 

23 child welfare agency performance in providing 

24 services to children transitioning from foster 

25 care. 


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1 ‘‘(D) An analysis of the association be2 tween types of placement, number of overall 

3 placements, time spent in foster care, and other 

4 factors, and outcomes at ages 19 and 21. 

5 ‘‘(E) An analysis of the differences in out6 comes for children in and formerly in foster 

7 care at age 19 and 21 among States.’’. 

8 (e) CLARIFYING DOCUMENTATION PROVIDED TO

9 FOSTER YOUTH LEAVING FOSTER CARE.—Section 

10 475(5)(I) of such Act (42 U.S.C. 675(5)(I)) is amended 

11 by inserting after ‘‘REAL ID Act of 2005’’ the following: 

12 ‘‘, and any official documentation necessary to prove that 

13 the child was previously in foster care’’. 

14 TITLE IV—CONTINUING INCEN15 TIVES TO STATES TO PRO16 MOTE ADOPTION AND LEGAL 

17 GUARDIANSHIP 

18 SEC. 401. REAUTHORIZING ADOPTION AND LEGAL GUARD19 IANSHIP INCENTIVE PROGRAMS. 

20 Section 473A of the Social Security Act (42 U.S.C. 

21 673b) is amended— 

22 (1) in subsection (b)(4), by striking ‘‘2013 

23 through 2015’’ and inserting ‘‘2016 through 2020’’; 

24 (2) in subsection (h)(1)(D), by striking ‘‘2016’’ 

25 and inserting ‘‘2021’’; and 


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1 (3) in subsection (h)(2), by striking ‘‘2016’’ 

2 and inserting ‘‘2021’’. 

3 TITLE V—TECHNICAL 

4 CORRECTIONS 

5 SEC. 501. TECHNICAL CORRECTIONS TO DATA EXCHANGE 

6 STANDARDS TO IMPROVE PROGRAM COORDI7 NATION. 

8 (a) IN GENERAL.—Section 440 of the Social Security 

9 Act (42 U.S.C. 629m) is amended to read as follows: 

10 ‘‘SEC. 440. DATA EXCHANGE STANDARDS FOR IMPROVED 

11 INTEROPERABILITY. 

12 ‘‘(a) DESIGNATION.—The Secretary shall, in con13 sultation with an interagency work group established by 

14 the Office of Management and Budget and considering 

15 State government perspectives, by rule, designate data ex16 change standards to govern, under this part— 

17 ‘‘(1) necessary categories of information that 

18 State agencies operating programs under State 

19 plans approved under this part are required under 

20 applicable Federal law to electronically exchange 

21 with another State agency; and 

22 ‘‘(2) Federal reporting and data exchange re23 quired under applicable Federal law. 


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1 ‘‘(b) REQUIREMENTS.—The data exchange standards 

2 required by paragraph (1) shall, to the extent prac3 ticable— 

4 ‘‘(1) incorporate a widely accepted, non-propri5 etary, searchable, computer-readable format, such as 

6 the eXtensible Markup Language; 

7 ‘‘(2) contain interoperable standards developed 

8 and maintained by intergovernmental partnerships, 

9 such as the National Information Exchange Model; 

10 ‘‘(3) incorporate interoperable standards devel11 oped and maintained by Federal entities with au12 thority over contracting and financial assistance; 

13 ‘‘(4) be consistent with and implement applica14 ble accounting principles; 

15 ‘‘(5) be implemented in a manner that is cost16 effective and improves program efficiency and effec17 tiveness; and 

18 ‘‘(6) be capable of being continually upgraded 

19 as necessary. 

20 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sub21 section shall be construed to require a change to existing 

22 data exchange standards found to be effective and effi23 cient.’’. 

24 (b) EFFECTIVE DATE.—Not later than the date that 

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1 tion, the Secretary of Health and Human Services shall 

2 issue a proposed rule that— 

3 (1) identifies federally required data exchanges, 

4 include specification and timing of exchanges to be 

5 standardized, and address the factors used in deter6 mining whether and when to standardize data ex7 changes; and 

8 (2) specifies State implementation options and 

9 describes future milestones. 

10 SEC. 502. TECHNICAL CORRECTIONS TO STATE REQUIRE11 MENT TO ADDRESS THE DEVELOPMENTAL 

12 NEEDS OF YOUNG CHILDREN. 

13 Section 422(b)(18) of the Social Security Act (42 

14 U.S.C. 622(b)(18)) is amended by striking ‘‘such chil15 dren’’ and inserting ‘‘all vulnerable children under 5 years 

16 of age’’. 

17 TITLE VI—ENSURING STATES 

18 REINVEST SAVINGS RESULT19 ING FROM INCREASE IN 

20 ADOPTION ASSISTANCE 

21 SEC. 601. DELAY OF ADOPTION ASSISTANCE PHASE-IN. 

22 Section 473(e)(1) of the Social Security Act (42 

23 U.S.C. 673(e)(1)) is amended— 


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1 (1) in subparagraph (A), by striking ‘‘fiscal 

2 year’’ each place it appears and inserting ‘‘period’’; 

3 and 

4 (2) in subparagraph (B)— 

5 (A) in the matter preceding the table, by 

6 striking ‘‘fiscal year’’ and inserting ‘‘period’’; 

7 and 

8 (B) in the table— 

9 (i) by striking ‘‘of fiscal year:’’ and in10 serting ‘‘of:’’; 

11 (ii) by striking ‘‘2010’’ and inserting 

12 ‘‘Fiscal year 2010’’; 

13 (iii) by striking ‘‘2011’’ and inserting 

14 ‘‘Fiscal year 2011’’; 

15 (iv) by striking ‘‘2012’’ and inserting 

16 ‘‘Fiscal year 2012’’; 

17 (v) by striking ‘‘2013’’ and inserting 

18 ‘‘Fiscal year 2013’’; 

19 (vi) by striking ‘‘2014’’ and inserting 

20 ‘‘Fiscal year 2014’’; 

21 (vii) by striking ‘‘2015’’ and inserting 

22 ‘‘Fiscal year 2015’’; 

23 (viii) by striking ‘‘2016’’ and inserting 

24 ‘‘October 1, 2015, through March 31, 

25 2019’’; 


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1 (ix) by striking ‘‘2017’’ and inserting 

2 ‘‘April 1, 2019, through March 31, 2020’’; 

3 and 

4 (x) by striking ‘‘2018’’ and inserting 

5 ‘‘April 1, 2020,’’. 

6 SEC. 602. GAO STUDY AND REPORT ON STATE REINVEST7 MENT OF SAVINGS RESULTING FROM IN8 CREASE IN ADOPTION ASSISTANCE. 

9 (a) STUDY.—The Comptroller General of the United 

10 States shall study the extent to which States are com11 plying with the requirements of section 473(a)(8) of the 

12 Social Security Act relating to the effects of phasing out 

13 the AFDC income eligibility requirements for adoption as14 sistance payments under section 473 of the Social Security 

15 Act, as enacted by section 402 of the Fostering Connec16 tions to Success and Increasing Adoptions Act of 2008 

17 (Public Law 110–351; 122 Stat. 3975) and amended by 

18 section 206 of the Preventing Sex Trafficking and 

19 Strengthening Families Act (Public Law 113–183; 128 

20 Stat. 1919). In particular, the Comptroller General shall 

21 analyze the extent to which States are complying with the 

22 following requirements under section 473(a)(8)(D) of the 

23 Social Security Act: 

24 (1) The requirement to spend an amount equal 

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1 penditures under part E of title IV of the Social Se2 curity resulting from phasing out the AFDC income 

3 eligibility requirements for adoption assistance pay4 ments under section 473 of such Act to provide to 

5 children of families any service that may be provided 

6 under part B or E of title IV of such Act. 

7 (2) The requirement that a State shall spend 

8 not less than 30 percent of the amount of any sav9 ings described in subparagraph (A) on post-adoption 

10 services, post-guardianship services, and services to 

11 support and sustain positive permanent outcomes for 

12 children who otherwise might enter into foster care 

under the responsibility of the State, with at least 2 13 ⁄3

14 of the spending by the State to comply with the 30 

15 percent requirement being spent on post-adoption 

16 and post-guardianship services. 

17 (b) REPORT.—The Comptroller General of the 

18 United States shall submit to the Committee on Finance 

19 of the Senate, the Committee on Ways and Means of the 

20 House of Representatives, and the Secretary of Health 

21 and Human Services a report that contains the results of 

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1 ommendations to ensure compliance with laws referred to 

2 in subsection (a). 

Passed the House of Representatives June 21, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 527 

114TH CONGRESS 

2D SESSION H. R. 5456 

AN ACT 

To amend parts B and E of title IV of the Social 

for other purposes. most family-like, and appropriate settings, and foster care are placed in the least restrictive, supported at home, to ensure that children in family services to help keep children safe and Security Act to invest in funding prevention and 

JUNE 23, 2016 

Read the second time and placed on the calendar 


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