I 

114TH CONGRESS 

2D SESSION H. R. 5456 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 13, 2016 

Mr. BUCHANAN (for himself, Mr. LEVIN, Mr. BOUSTANY, Mrs. BLACK, Mr. 

REED, Mr. KELLY of Pennsylvania, Mr. DOLD, Mr. LARSON of Connecticut, Mr. BLUMENAUER, Mr. PASCRELL, Mr. CROWLEY, Mr. DANNY

K. DAVIS of Illinois, and Ms. LINDA T. SA ́NCHEZ of California) introduced the following bill; which was referred to the Committee on Ways 

and Means 

A BILL 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Family First Preven3 tion Services Act of 2016’’. 

4 SEC. 2. TABLE OF CONTENTS. 

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

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. 


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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. 

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. 


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1 Subtitle A—Prevention Activities 

2 Under Title IV–E 

3 SEC. 111. FOSTER CARE PREVENTION SERVICES AND PRO4 GRAMS. 

5 (a) STATE OPTION.—Section 471 of the Social Secu6 rity Act (42 U.S.C. 671) is amended— 

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

8 all that follows through the semicolon and inserting 

9 ‘‘, adoption assistance in accordance with section 

10 473, and, at the option of the State, services or pro11 grams specified in subsection (e)(1) of this section 

12 for children who are candidates for foster care or 

13 who are pregnant or parenting foster youth and the 

14 parents or kin caregivers of the children, in accord15 ance with the requirements of that subsection;’’; and 

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

17 ‘‘(e) PREVENTION AND FAMILY SERVICES AND PRO18 GRAMS.— 

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

20 provisions of this subsection, the Secretary may 

21 make a payment to a State for providing the fol22 lowing services or programs for a child described in 

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

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

25 or such a caregiver for the services or programs are 


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1 directly related to the safety, permanence, or well2 being of the child or to preventing the child from en3 tering foster care: 

4 ‘‘(A) MENTAL HEALTH AND SUBSTANCE

5 ABUSE PREVENTION AND TREATMENT SERV6 ICES.—Mental health and substance abuse pre7 vention and treatment services provided by a 

8 qualified clinician for not more than a 12- 

9 month period that begins on any date described 

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

11 ‘‘(B) IN-HOME PARENT SKILL-BASED PRO12 GRAMS.—In-home parent skill-based programs 

13 for not more than a 12-month period that be14 gins on any date described in paragraph (3) 

15 with respect to the child and that include par16 enting skills training, parent education, and in17 dividual and family counseling. 

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

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

20 the following: 

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

22 care (as defined in section 475(13)) but can re23 main safely at home or in a kinship placement 

24 with receipt of services or programs specified in 

25 paragraph (1). 


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1 ‘‘(B) A child in foster care who is a preg2 nant or parenting foster youth. 

3 ‘‘(3) DATE DESCRIBED.—For purposes of para4 graph (1), the dates described in this paragraph are 

5 the following: 

6 ‘‘(A) The date on which a child is identi7 fied in a prevention plan maintained under 

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

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

10 ‘‘(B) The date on which a child is identi11 fied in a prevention plan maintained under 

12 paragraph (4) as a pregnant or parenting foster 

13 youth in need of services or programs specified 

14 in paragraph (1). 

15 ‘‘(4) REQUIREMENTS RELATED TO PROVIDING

16 SERVICES AND PROGRAMS.—Services and programs 

17 specified in paragraph (1) may be provided under 

18 this subsection only if specified in advance in the 

19 child’s prevention plan described in subparagraph 

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

21 through (E) are met: 

22 ‘‘(A) PREVENTION PLAN.—The State 

23 maintains a written prevention plan for the 

24 child that meets the following requirements (as 

25 applicable): 


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1 ‘‘(i) CANDIDATES.—In the case of a 

2 child who is a candidate for foster care de3 scribed in paragraph (2)(A), the prevention 

4 plan shall— 

5 ‘‘(I) identify the foster care pre6 vention strategy for the child so that 

7 the child may remain safely at home, 

8 live temporarily with a kin caregiver 

9 until reunification can be safely 

10 achieved, or live permanently with a 

11 kin caregiver; 

12 ‘‘(II) list the services or pro13 grams to be provided to or on behalf 

14 of the child to ensure the success of 

15 that prevention strategy; and 

16 ‘‘(III) comply with such other re17 quirements as the Secretary shall es18 tablish. 

19 ‘‘(ii) PREGNANT OR PARENTING FOS20 TER YOUTH.—In the case of a child who is 

21 a pregnant or parenting foster youth de22 scribed in paragraph (2)(B), the preven23 tion plan shall— 


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1 ‘‘(I) be included in the child’s 

2 case plan required under section 

3 475(1); 

4 ‘‘(II) list the services or pro5 grams to be provided to or on behalf 

6 of the youth to ensure that the youth 

7 is prepared (in the case of a pregnant 

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

9 parenting foster youth) to be a par10 ent; 

11 ‘‘(III) describe the foster care 

12 prevention strategy for any child born 

13 to the youth; and 

14 ‘‘(IV) comply with such other re15 quirements as the Secretary shall es16 tablish. 

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

18 programs to be provided to or on behalf of a 

19 child are provided under an organizational 

20 structure and treatment framework that in21 volves understanding, recognizing, and respond22 ing to the effects of all types of trauma and in 

23 accordance with recognized principles of a trau24 ma-informed approach and trauma-specific 


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1 interventions to address trauma’s consequences 

2 and facilitate healing. 

3 ‘‘(C) ONLY SERVICES AND PROGRAMS PRO4 VIDED IN ACCORDANCE WITH PROMISING, SUP5 PORTED, OR WELL-SUPPORTED PRACTICES PER6 MITTED.— 

7 ‘‘(i) IN GENERAL.—Only State ex8 penditures for services or programs speci9 fied in subparagraph (A) or (B) of para10 graph (1) that are provided in accordance 

11 with practices that meet the requirements 

12 specified in clause (ii) of this subparagraph 

13 and that meet the requirements specified 

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

15 being a promising, supported, or well-sup16 ported practice, shall be eligible for a Fed17 eral matching payment under section 

18 474(a)(6)(A). 

19 ‘‘(ii) GENERAL PRACTICE REQUIRE20 MENTS.—The general practice require21 ments specified in this clause are the fol22 lowing: 

23 ‘‘(I) The practice has a book, 

24 manual, or other available writings 

25 that specify the components of the 


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1 practice protocol and describe how to 

2 administer the practice. 

3 ‘‘(II) There is no empirical basis 

4 suggesting that, compared to its likely 

5 benefits, the practice constitutes a 

6 risk of harm to those receiving it. 

7 ‘‘(III) If multiple outcome studies 

8 have been conducted, the overall 

9 weight of evidence supports the bene10 fits of the practice. 

11 ‘‘(IV) Outcome measures are reli12 able and valid, and are administrated 

13 consistently and accurately across all 

14 those receiving the practice. 

15 ‘‘(V) There is no case data sug16 gesting a risk of harm that was prob17 ably caused by the treatment and that 

18 was severe or frequent. 

19 ‘‘(iii) PROMISING PRACTICE.—A prac20 tice shall be considered to be a ‘promising 

21 practice’ if the practice is superior to an 

22 appropriate comparison practice using con23 ventional standards of statistical signifi24 cance (in terms of demonstrated meaning25 ful improvements in validated measures of 


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1 important child and parent outcomes, such 

2 as mental health, substance abuse, and 

3 child safety and well-being), as established 

4 by the results or outcomes of at least 1 

5 study that— 

6 ‘‘(I) was rated by an independent 

7 systematic review for the quality of 

8 the study design and execution and 

9 determined to be well-designed and 

10 well-executed; and 

11 ‘‘(II) utilized some form of con12 trol (such as an untreated group, a 

13 placebo group, or a wait list study). 

14 ‘‘(iv) SUPPORTED PRACTICE.—A prac15 tice shall be considered to be a ‘supported 

16 practice’ if— 

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

18 appropriate comparison practice using 

19 conventional standards of statistical 

20 significance (in terms of demonstrated 

21 meaningful improvements in validated 

22 measures of important child and par23 ent outcomes, such as mental health, 

24 substance abuse, and child safety and 

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1 sults or outcomes of at least 1 study 

2 that— 

3 ‘‘(aa) was rated by an inde4 pendent systematic review for the 

5 quality of the study design and 

6 execution and determined to be 

7 well-designed and well-executed; 

8 ‘‘(bb) was a rigorous ran9 dom-controlled trial (or, if not 

10 available, a study using a rig11 orous quasi-experimental re12 search design); and 

13 ‘‘(cc) was carried out in a 

14 usual care or practice setting; 

15 and 

16 ‘‘(II) the study described in sub17 clause (I) established that the practice 

18 has a sustained effect (when com19 pared to a control group) for at least 

20 6 months beyond the end of the treat21 ment. 

22 ‘‘(v) WELL-SUPPORTED PRACTICE.—A 

23 practice shall be considered to be a ‘well24 supported practice’ if— 


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

2 appropriate comparison practice using 

3 conventional standards of statistical 

4 significance (in terms of demonstrated 

5 meaningful improvements in validated 

6 measures of important child and par7 ent outcomes, such as mental health, 

8 substance abuse, and child safety and 

9 well-being), as established by the re10 sults or outcomes of at least 2 studies 

11 that— 

12 ‘‘(aa) were rated by an inde13 pendent systematic review for the 

14 quality of the study design and 

15 execution and determined to be 

16 well-designed and well-executed; 

17 ‘‘(bb) were rigorous random18 controlled trials (or, if not avail19 able, studies using a rigorous 

20 quasi-experimental research de21 sign); and 

22 ‘‘(cc) were carried out in a 

23 usual care or practice setting; 

24 and 


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1 ‘‘(II) at least one of the studies 

2 described in subclause (I) established 

3 that the practice has a sustained ef4 fect (when compared to a control 

5 group) for at least 1 year beyond the 

6 end of treatment. 

7 ‘‘(D) GUIDANCE ON PRACTICES CRITERIA

8 AND PRE-APPROVED SERVICES AND PRO9 GRAMS.— 

10 ‘‘(i) IN GENERAL.—Not later than Oc11 tober 1, 2018, the Secretary shall issue 

12 guidance to States regarding the practices 

13 criteria required for services or programs 

14 to satisfy the requirements of subpara15 graph (C). The guidance shall include a 

16 pre-approved list of services and programs 

17 that satisfy the requirements. 

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

19 issue updates to the guidance required by 

20 clause (i) as often as the Secretary deter21 mines necessary. 

22 ‘‘(E) OUTCOME ASSESSMENT AND REPORT23 ING.—The State shall collect and report to the 

24 Secretary the following information with respect 

25 to each child for whom, or on whose behalf 


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1 mental health and substance abuse prevention 

2 and treatment services or in-home parent skill3 based programs are provided during a 12- 

4 month period beginning on the date the child is 

5 determined by the State to be a child described 

6 in paragraph (2): 

7 ‘‘(i) The specific services or programs 

8 provided and the total expenditures for 

9 each of the services or programs. 

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

11 programs provided. 

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

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

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

15 the 1-year period, respectively, and wheth16 er the child entered foster care within 2 

17 years after being determined a candidate 

18 for foster care. 

19 ‘‘(5) STATE PLAN COMPONENT.— 

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

21 provide services or programs specified in para22 graph (1) shall submit as part of the State plan 

23 required by subsection (a) a prevention services 

24 and programs plan component that meets the 

25 requirements of subparagraph (B). 


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1 ‘‘(B) PREVENTION SERVICES AND PRO2 GRAMS PLAN COMPONENT.—In order to meet 

3 the requirements of this subparagraph, a pre4 vention services and programs plan component, 

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

6 plan component is in operation in the State, 

7 shall include the following: 

8 ‘‘(i) How providing services and pro9 grams specified in paragraph (1) is ex10 pected to improve specific outcomes for 

11 children and families. 

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

13 oversee the safety of children who receive 

14 services and programs specified in para15 graph (1), including through periodic risk 

16 assessments throughout the period in 

17 which the services and programs are pro18 vided on behalf of a child and reexamina19 tion of the prevention plan maintained for 

20 the child under paragraph (4) for the pro21 vision of the services or programs if the 

22 State determines the risk of the child en23 tering foster care remains high despite the 

24 provision of the services or programs. 


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

2 programs specified in subparagraphs (A) 

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

4 the specific promising, supported, or well5 supported practices the State plans to use 

6 to provide the services or programs, includ7 ing a description of— 

8 ‘‘(I) the services or programs and 

9 whether the practices used are prom10 ising, supported, or well-supported; 

11 ‘‘(II) how the State plans to im12 plement the services or programs, in13 cluding how implementation of the 

14 services or programs will be continu15 ously monitored to ensure fidelity to 

16 the practice model and to determine 

17 outcomes achieved and how informa18 tion learned from the monitoring will 

19 be used to refine and improve prac20 tices; 

21 ‘‘(III) how the State selected the 

22 services or programs; 

23 ‘‘(IV) the target population for 

24 the services or programs; and 


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1 ‘‘(V) how each service or pro2 gram provided will be evaluated 

3 through a well-designed and rigorous 

4 process, which may consist of an on5 going, cross-site evaluation approved 

6 by the Secretary. 

7 ‘‘(iv) A description of the consultation 

8 that the State agencies responsible for ad9 ministering the State plans under this part 

10 and part B engage in with other State 

11 agencies responsible for administering 

12 health programs, including mental health 

13 and substance abuse prevention and treat14 ment services, and with other public and 

15 private agencies with experience in admin16 istering child and family services, including 

17 community-based organizations, in order to 

18 foster a continuum of care for children de19 scribed in paragraph (2) and their parents 

20 or kin caregivers. 

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

22 shall assess children and their parents or 

23 kin caregivers to determine eligibility for 

24 services or programs specified in para25 graph (1). 


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

2 or programs specified in paragraph (1) 

3 that are provided for or on behalf of a 

4 child and the parents or kin caregivers of 

5 the child will be coordinated with other 

6 child and family services provided to the 

7 child and the parents or kin caregivers of 

8 the child under the State plan under part 

9 B. 

10 ‘‘(vii) Descriptions of steps the State 

11 is taking to support and enhance a com12 petent, skilled, and professional child wel13 fare workforce to deliver trauma-informed 

14 and evidence-based services, including— 

15 ‘‘(I) ensuring that staff is quali16 fied to provide services or programs 

17 that are consistent with the prom18 ising, supported, or well-supported 

19 practice models selected; and 

20 ‘‘(II) developing appropriate pre21 vention plans, and conducting the risk 

22 assessments required under clause 

23 (iii). 

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

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1 workers in assessing what children and 

2 their families need, connecting to the fami3 lies served, knowing how to access and de4 liver the needed trauma-informed and evi5 dence-based services, and overseeing and 

6 evaluating the continuing appropriateness 

7 of the services. 

8 ‘‘(ix) A description of how caseload 

9 size and type for prevention caseworkers 

10 will be determined, managed, and overseen. 

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

12 report to the Secretary such information 

13 and data as the Secretary may require 

14 with respect to the provision of services 

15 and programs specified in paragraph (1), 

16 including information and data necessary 

17 to determine the performance measures for 

18 the State under paragraph (6) and compli19 ance with paragraph (7). 

20 ‘‘(C) REIMBURSEMENT FOR SERVICES

21 UNDER THE PREVENTION PLAN COMPONENT.— 

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

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

24 a Federal payment under this part for a 

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1 ported practice unless (in accordance with 

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

3 a well-designed and rigorous evaluation 

4 strategy for that practice. 

5 ‘‘(ii) WAIVER OF LIMITATION.—The 

6 Secretary may waive the requirement for a 

7 well-designed and rigorous evaluation of 

8 any well-supported practice if the Sec9 retary deems the evidence of the effective10 ness of the practice to be compelling and 

11 the State meets the continuous quality im12 provement requirements included in sub13 paragraph (B)(iii)(II) with regard to the 

14 practice. 

15 ‘‘(6) PREVENTION SERVICES MEASURES.— 

16 ‘‘(A) ESTABLISHMENT; ANNUAL UP17 DATES.—Beginning with fiscal year 2021, and 

18 annually thereafter, the Secretary shall estab19 lish the following prevention services measures 

20 based on information and data reported by 

21 States that elect to provide services and pro22 grams specified in paragraph (1): 

23 ‘‘(i) PERCENTAGE OF CANDIDATES

24 FOR FOSTER CARE WHO DO NOT ENTER

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1 didates for foster care for whom, or on 

2 whose behalf, the services or programs are 

3 provided who do not enter foster care, in4 cluding those placed with a kin caregiver 

5 outside of foster care, during the 12-month 

6 period in which the services or programs 

7 are provided and through the end of the 

8 succeeding 12-month-period. 

9 ‘‘(ii) PER-CHILD SPENDING.—The 

10 total amount of expenditures made for 

11 mental health and substance abuse preven12 tion and treatment services or in-home 

13 parent skill-based programs, respectively, 

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

15 paragraph (2). 

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

17 and annually update the prevention services 

18 measures— 

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

20 of the information reported under each 

21 clause of subparagraph (A) for the 3 then 

22 most recent years; and 

23 ‘‘(ii) taking into account State dif24 ferences in the price levels of consumption 

25 goods and services using the most recent 


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1 regional price parities published by the Bu2 reau of Economic Analysis of the Depart3 ment of Commerce or such other data as 

4 the Secretary determines appropriate. 

5 ‘‘(C) PUBLICATION OF STATE PREVENTION

6 SERVICES MEASURES.—The Secretary shall an7 nually make available to the public the preven8 tion services measures of each State. 

9 ‘‘(7) MAINTENANCE OF EFFORT FOR STATE

10 FOSTER CARE PREVENTION EXPENDITURES.— 

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

12 provide services and programs specified in para13 graph (1) for a fiscal year, the State foster care 

14 prevention expenditures for the fiscal year shall 

15 not be less than the amount of the expenditures 

16 for fiscal year 2014. 

17 ‘‘(B) STATE FOSTER CARE PREVENTION

18 EXPENDITURES.—The term ‘State foster care 

19 prevention expenditures’ means the following: 

20 ‘‘(i) TANF; IV–B; SSBG.—State ex21 penditures for foster care prevention serv22 ices and activities under the State program 

23 funded under part A (including from 

24 amounts made available by the Federal 

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1 oped under part B (including any such 

2 amounts), or under the Social Services 

3 Block Grant Programs under subtitle A of 

4 title XX (including any such amounts). 

5 ‘‘(ii) OTHER STATE PROGRAMS.— 

6 State expenditures for foster care preven7 tion services and activities under any State 

8 program that is not described in clause (i) 

9 (other than any State expenditures for fos10 ter care prevention services and activities 

11 under the State program under this part 

12 (including under a waiver of the pro13 gram)). 

14 ‘‘(C) STATE EXPENDITURES.—The term 

15 ‘State expenditures’ means all State or local 

16 funds that are expended by the State or a local 

17 agency including State or local funds that are 

18 matched or reimbursed by the Federal Govern19 ment and State or local funds that are not 

20 matched or reimbursed by the Federal Govern21 ment. 

22 ‘‘(D) DETERMINATION OF PREVENTION

23 SERVICES AND ACTIVITIES.—The Secretary 

24 shall require each State that elects to provide 

25 services and programs specified in paragraph 


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1 (1) to report the expenditures specified in sub2 paragraph (B) for fiscal year 2014 and for such 

3 fiscal years thereafter as are necessary to deter4 mine whether the State is complying with the 

5 maintenance of effort requirement in subpara6 graph (A). The Secretary shall specify the spe7 cific services and activities under each program 

8 referred to in subparagraph (B) that are ‘pre9 vention services and activities’ for purposes of 

10 the reports. 

11 ‘‘(8) PROHIBITION AGAINST USE OF STATE FOS12 TER CARE PREVENTION EXPENDITURES AND FED13 ERAL IV–E PREVENTION FUNDS FOR MATCHING OR

14 EXPENDITURE REQUIREMENT.—A State that elects 

15 to provide services and programs specified in para16 graph (1) shall not use any State foster care preven17 tion expenditures for a fiscal year for the State 

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

19 fiscal year. 

20 ‘‘(9) ADMINISTRATIVE COSTS.—Expenditures 

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

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

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

24 474(a)(3); and 


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

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

3 the expenditures are incurred on behalf of a 

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

5 care maintenance payments under this part. 

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

7 or programs under this subsection to or on behalf of 

8 a child described in paragraph (2) shall not be con9 sidered to be receipt of aid or assistance under the 

10 State plan under this part for purposes of eligibility 

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

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

13 U.S.C. 675) is amended by adding at the end the fol14 lowing: 

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

16 care’ means, a child who is identified in a prevention plan 

17 under section 471(e)(4)(A) as being at imminent risk of 

18 entering foster care (without regard to whether the child 

19 would be eligible for foster care maintenance payments 

20 under section 472 or is or would be eligible for adoption 

21 assistance or kinship guardianship assistance payments 

22 under section 473) but who can remain safely in the 

23 child’s home or in a kinship placement as long as services 

24 or programs specified in section 471(e)(1) that are nec25 essary to prevent the entry of the child into foster care 


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1 are provided. The term includes a child whose adoption 

2 or guardianship arrangement is at risk of a disruption or 

3 dissolution that would result in a foster care placement.’’. 

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

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

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

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

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

9 ‘‘(6) subject to section 471(e)— 

10 ‘‘(A) for each quarter— 

11 ‘‘(i) subject to clause (ii)— 

12 ‘‘(I) beginning after September 

13 30, 2019, and before October 1, 2025, 

14 an amount equal to 50 percent of the 

15 total amount expended during the 

16 quarter for the provision of services or 

17 programs specified in subparagraph 

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

19 are provided in accordance with prom20 ising, supported, or well-supported 

21 practices that meet the applicable cri22 teria specified for the practices in sec23 tion 471(e)(4)(C); and 

24 ‘‘(II) beginning after September 

25 30, 2025, an amount equal to the 


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1 Federal medical assistance percentage 

2 (which shall be as defined in section 

3 1905(b), in the case of a State other 

4 than the District of Columbia, or 70 

5 percent, in the case of the District of 

6 Columbia) of the total amount ex7 pended during the quarter for the pro8 vision of services or programs speci9 fied in subparagraph (A) or (B) of 

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

11 accordance with promising, supported, 

12 or well-supported practices that meet 

13 the applicable criteria specified for the 

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

15 with respect to the payments made 

16 during the quarter under a coopera17 tive agreement or contract entered 

18 into by the State and an Indian tribe, 

19 tribal organization, or tribal consor20 tium for the administration or pay21 ment of funds under this part, an 

22 amount equal to the Federal medical 

23 assistance percentage that would 

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

25 paragraph referred to as the ‘tribal 


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1 FMAP’) if the Indian tribe, tribal or2 ganization, or tribal consortium made 

3 the payments under a program oper4 ated under that section, unless the 

5 tribal FMAP is less than the Federal 

6 medical assistance percentage that ap7 plies to the State); except that 

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

9 total amount payable to a State under 

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

11 provision of services or programs specified 

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

13 471(e)(1) that are provided in accordance 

14 with well-supported practices; plus 

15 ‘‘(B) for each quarter specified in subpara16 graph (A), an amount equal to the sum of the 

17 following proportions of the total amount ex18 pended during the quarter: 

19 ‘‘(i) 50 percent of so much of the ex20 penditures as are found necessary by the 

21 Secretary for the proper and efficient ad22 ministration of the State plan for the pro23 vision of services or programs specified in 

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

25 for activities approved by the Secretary 


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1 that promote the development of necessary 

2 processes and procedures to establish and 

3 implement the provision of the services and 

4 programs for individuals who are eligible 

5 for the services and programs and expendi6 tures attributable to data collection and re7 porting; and 

8 ‘‘(ii) 50 percent of so much of the ex9 penditures with respect to the provision of 

10 services and programs specified in section 

11 471(e)(1) as are for training of personnel 

12 employed or preparing for employment by 

13 the State agency or by the local agency ad14 ministering the plan in the political sub15 division and of the members of the staff of 

16 State-licensed or State-approved child wel17 fare agencies providing services to children 

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

19 parents or kin caregivers, including on how 

20 to determine who are individuals eligible 

21 for the services or programs, how to iden22 tify and provide appropriate services and 

23 programs, and how to oversee and evaluate 

24 the ongoing appropriateness of the services 

25 and programs.’’. 


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1 (d) TECHNICAL ASSISTANCE AND BEST PRACTICES, 

2 CLEARINGHOUSE, AND DATA COLLECTION AND EVALUA3 TIONS.—Section 476 of such Act (42 U.S.C. 676) is 

4 amended by adding at the end the following: 

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

6 CLEARINGHOUSE, DATA COLLECTION, AND EVALUATIONS

7 RELATING TO PREVENTION SERVICES AND PROGRAMS.— 

8 ‘‘(1) TECHNICAL ASSISTANCE AND BEST PRAC9 TICES.—The Secretary shall provide to States and, 

10 as applicable, to Indian tribes, tribal organizations, 

11 and tribal consortia, technical assistance regarding 

12 the provision of services and programs described in 

13 section 471(e)(1) and shall disseminate best prac14 tices with respect to the provision of the services and 

15 programs, including how to plan and implement a 

16 well-designed and rigorous evaluation of a prom17 ising, supported, or well-supported practice. 

18 ‘‘(2) CLEARINGHOUSE OF PROMISING, SUP19 PORTED, AND WELL-SUPPORTED PRACTICES.—The 

20 Secretary shall, directly or through grants, con21 tracts, or interagency agreements, evaluate research 

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

23 (v), respectively, of section 471(e)(4)(C), and pro24 grams that meet the requirements described in sec25 tion 427(a)(1), including culturally specific, or 


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1 location- or population-based adaptations of the 

2 practices, to identify and establish a public clearing3 house of the practices that satisfy each category de4 scribed by such clauses. In addition, the clearing5 house shall include information on the specific out6 comes associated with each practice, including 

7 whether the practice has been shown to prevent child 

8 abuse and neglect and reduce the likelihood of foster 

9 care placement by supporting birth families and kin10 ship families and improving targeted supports for 

11 pregnant and parenting youth and their children. 

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

13 The Secretary, directly or through grants, contracts, 

14 or interagency agreements, may collect data and 

15 conduct evaluations with respect to the provision of 

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

17 for purposes of assessing the extent to which the 

18 provision of the services and programs— 

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

20 placement; 

21 ‘‘(B) increases use of kinship care arrange22 ments; or 

23 ‘‘(C) improves child well-being. 

24 ‘‘(4) REPORTS TO CONGRESS.— 


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

2 submit to the Committee on Finance of the 

3 Senate and the Committee on Ways and Means 

4 of the House of Representatives periodic reports 

5 based on the provision of services and programs 

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

7 carried out under this subsection. 

8 ‘‘(B) PUBLIC AVAILABILITY.—The Sec9 retary shall make the reports to Congress sub10 mitted under this paragraph publicly available. 

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

12 the Treasury of the United States not otherwise ap13 propriated, there is appropriated to the Secretary 

14 $1,000,000 for fiscal year 2016 and each fiscal year 

15 thereafter to carry out this subsection.’’. 

16 (e) APPLICATION TO PROGRAMS OPERATED BY IN17 DIAN TRIBAL ORGANIZATIONS.— 

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

19 (42 U.S.C. 679c) is amended— 

20 (A) in subsection (c)(1)— 

21 (i) in subparagraph (C)(i)— 

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

23 ‘‘and’’ after the semicolon; 


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1 (II) in subclause (III), by strik2 ing the period at the end and insert3 ing ‘‘; and’’; and 

4 (III) by adding at the end the 

5 following: 

6 ‘‘(IV) at the option of the tribe, 

7 organization, or consortium, services 

8 and programs specified in section 

9 471(e)(1) to children described in sec10 tion 471(e)(2) and their parents or 

11 kin caregivers, in accordance with sec12 tion 471(e) and subparagraph (E).’’; 

13 and 

14 (ii) by adding at the end the fol15 lowing: 

16 ‘‘(E) PREVENTION SERVICES AND PRO17 GRAMS FOR CHILDREN AND THEIR PARENTS

18 AND KIN CAREGIVERS.— 

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

20 tribe, organization, or consortium that 

21 elects to provide services and programs 

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

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

24 parents or kin caregivers under the plan, 

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1 ments applicable to the provision of the 

2 services and programs. The requirements 

3 shall, to the greatest extent practicable, be 

4 consistent with the requirements applicable 

5 to States under section 471(e) and shall 

6 permit the provision of the services and 

7 programs in the form of services and pro8 grams that are adapted to the culture and 

9 context of the tribal communities served. 

10 ‘‘(ii) PERFORMANCE MEASURES.—The 

11 Secretary shall establish specific perform12 ance measures for each tribe, organization, 

13 or consortium that elects to provide serv14 ices and programs specified in section 

15 471(e)(1). The performance measures 

16 shall, to the greatest extent practicable, be 

17 consistent with the prevention services 

18 measures required for States under section 

19 471(e)(6) but shall allow for consideration 

20 of factors unique to the provision of the 

21 services by tribes, organizations, or con22 sortia.’’; and 

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

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


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1 (2) CONFORMING AMENDMENT.—The heading 

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

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

4 CARE MAINTENANCE AND ADOPTION ASSISTANCE

5 PAYMENTS’’. 

6 SEC. 112. FOSTER CARE MAINTENANCE PAYMENTS FOR 

7 CHILDREN WITH PARENTS IN A LICENSED 

8 RESIDENTIAL FAMILY-BASED TREATMENT 

9 FACILITY FOR SUBSTANCE ABUSE. 

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

11 Act (42 U.S.C. 672) is amended— 

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

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

14 residential family-based treatment facility, but only 

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

16 a’’; and 

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

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

19 IN A LICENSED RESIDENTIAL FAMILY-BASED TREAT20 MENT FACILITY FOR SUBSTANCE ABUSE.— 

21 ‘‘(1) IN GENERAL.—Notwithstanding the pre22 ceding provisions of this section, a child who is eligi23 ble for foster care maintenance payments under this 

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

25 the eligibility were determined without regard to 


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

2 eligible for the payments for a period of not more 

3 than 12 months during which the child is placed 

4 with a parent who is in a licensed residential family5 based treatment facility for substance abuse, but 

6 only if— 

7 ‘‘(A) the recommendation for the place8 ment is specified in the child’s case plan before 

9 the placement; 

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

11 part of the treatment for substance abuse, par12 enting skills training, parent education, and in13 dividual and family counseling; and 

14 ‘‘(C) the substance abuse treatment, par15 enting skills training, parent education, and in16 dividual and family counseling is provided 

17 under an organizational structure and treat18 ment framework that involves understanding, 

19 recognizing, and responding to the effects of all 

20 types of trauma and in accordance with recog21 nized principles of a trauma-informed approach 

22 and trauma-specific interventions to address the 

23 consequences of trauma and facilitate healing. 

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

25 for whom foster care maintenance payments are 


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

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

3 (3) of subsection (a) shall be considered to be chil4 dren with respect to whom foster care maintenance 

5 payments are made under this section for purposes 

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

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

8 of the Social Security Act (42 U.S.C. 674(a)(1)) is amend9 ed by inserting ‘‘subject to section 472(j),’’ before ‘‘an 

10 amount equal to the Federal’’. 

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

12 KINSHIP NAVIGATOR PROGRAMS. 

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

14 674(a)), as amended by section 111(c), is amended— 

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

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

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

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

19 amounts expended by the State during the quarter 

20 as the Secretary determines are for kinship navi21 gator programs that meet the requirements de22 scribed in section 427(a)(1) and that the Secretary 

23 determines are operated in accordance with prom24 ising, supported, or well-supported practices that 

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1 tices in section 471(e)(4)(C), without regard to 

2 whether the expenditures are incurred on behalf of 

3 children who are, or are potentially, eligible for fos4 ter care maintenance payments under this part.’’. 

5 Subtitle B—Enhanced Support 

6 Under Title IV–B 

7 SEC. 121. ELIMINATION OF TIME LIMIT FOR FAMILY REUNI8 FICATION SERVICES WHILE IN FOSTER CARE 

9 AND PERMITTING TIME-LIMITED FAMILY RE10 UNIFICATION SERVICES WHEN A CHILD RE11 TURNS HOME FROM FOSTER CARE. 

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

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

14 (1) in the paragraph heading, by striking 

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

16 and 

17 (2) in subparagraph (A)— 

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

19 inserting ‘‘family’’; 

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

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

22 and 

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

24 month period that begins on the date that the 

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1 ered to have entered foster care’’ and inserting 

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

3 reunification. In the case of a child who has 

4 been returned home, the services and activities 

5 shall only be provided during the 15-month pe6 riod that begins on the date that the child re7 turns home.’’. 

8 (b) CONFORMING AMENDMENTS.— 

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

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

11 striking ‘‘time-limited’’. 

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

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

14 amended by striking ‘‘time-limited’’ each place it ap15 pears. 

16 SEC. 122. REDUCING BUREAUCRACY AND UNNECESSARY 

17 DELAYS WHEN PLACING CHILDREN IN 

18 HOMES ACROSS STATE LINES. 

19 (a) STATE PLAN REQUIREMENT.—Section 

20 471(a)(25) of the Social Security Act (42 U.S.C. 

21 671(a)(25)) is amended— 

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

23 and 

24 (2) by inserting ‘‘, which, not later than Octo25 ber 1, 2026, shall include the use of an electronic 


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1 interstate case-processing system’’ before the first 

2 semicolon. 

3 (b) GRANTS FOR THE DEVELOPMENT OF AN ELEC4 TRONIC INTERSTATE CASE-PROCESSING SYSTEM TO EX5 PEDITE THE INTERSTATE PLACEMENT OF CHILDREN IN

6 FOSTER CARE OR GUARDIANSHIP, OR FOR ADOPTION.— 

7 Section 437 of such Act (42 U.S.C. 637) is amended by 

8 adding at the end the following: 

9 ‘‘(g) GRANTS FOR THE DEVELOPMENT OF AN ELEC10 TRONIC INTERSTATE CASE-PROCESSING SYSTEM TO EX11 PEDITE THE INTERSTATE PLACEMENT OF CHILDREN IN

12 FOSTER CARE OR GUARDIANSHIP, OR FOR ADOPTION.— 

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

14 is to facilitate the development of an electronic inter15 state case-processing system for the exchange of 

16 data and documents to expedite the placements of 

17 children in foster, guardianship, or adoptive homes 

18 across State lines. 

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

20 that desires a grant under this subsection shall sub21 mit to the Secretary an application containing the 

22 following: 

23 ‘‘(A) A description of the goals and out24 comes to be achieved during the period for 


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1 which grant funds are sought, which goals and 

2 outcomes must result in— 

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

4 child to be provided with a safe and appro5 priate permanent living arrangement 

6 across State lines; 

7 ‘‘(ii) improving administrative proc8 esses and reducing costs in the foster care 

9 system; and 

10 ‘‘(iii) the secure exchange of relevant 

11 case files and other necessary materials in 

12 real time, and timely communications and 

13 placement decisions regarding interstate 

14 placements of children. 

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

16 funded in whole or in part with the grant 

17 funds, including the sequencing of the activities. 

18 ‘‘(C) A description of the strategies for in19 tegrating programs and services for children 

20 who are placed across State lines. 

21 ‘‘(D) Such other information as the Sec22 retary may require. 

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

24 make a grant to a State that complies with para25 graph (2). 


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

2 is made under this subsection shall use the grant to 

3 support the State in connecting with the electronic 

4 interstate case-processing system described in para5 graph (1). 

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

7 after the final year in which grants are awarded 

8 under this subsection, the Secretary shall submit to 

9 the Congress, and make available to the general 

10 public by posting on a website, a report that con11 tains the following information: 

12 ‘‘(A) How using the electronic interstate 

13 case-processing system developed pursuant to 

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

15 children to be placed across State lines. 

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

17 Interstate Compact on the Placement of Chil18 dren that were processed through the electronic 

19 interstate case-processing system, and the num20 ber of interstate child placement cases that 

21 were processed outside the electronic interstate 

22 case-processing system, by each State in each 

23 year. 


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1 ‘‘(C) The progress made by States in im2 plementing the electronic interstate case-proc3 essing system. 

4 ‘‘(D) How using the electronic interstate 

5 case-processing system has affected various 

6 metrics related to child safety and well-being, 

7 including the time it takes for children to be 

8 placed across State lines. 

9 ‘‘(E) How using the electronic interstate 

10 case-processing system has affected administra11 tive costs and caseworker time spent on placing 

12 children across State lines. 

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

14 consultation with the Secretariat for the Interstate 

15 Compact on the Placement of Children and the 

16 States, shall assess how the electronic interstate 

17 case-processing system developed pursuant to para18 graph (4) could be used to better serve and protect 

19 children that come to the attention of the child wel20 fare system, by— 

21 ‘‘(A) connecting the system with other 

22 data systems (such as systems operated by 

23 State law enforcement and judicial agencies, 

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1 vestigation for the purposes of the Innocence 

2 Lost National Initiative, and other systems); 

3 ‘‘(B) simplifying and improving reporting 

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

5 471(a) regarding children or youth who have 

6 been identified as being a sex trafficking victim 

7 or children missing from foster care; and 

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

9 quickly comply with background check require10 ments of section 471(a)(20), including checks of 

11 child abuse and neglect registries as required by 

12 section 471(a)(20)(B).’’. 

13 (c) RESERVATION OF FUNDS TO IMPROVE THE

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

15 of such Act (42 U.S.C. 637(b)) is amended by adding at 

16 the end the following: 

17 ‘‘(4) IMPROVING THE INTERSTATE PLACEMENT

18 OF CHILDREN.—The Secretary shall reserve 

19 $5,000,000 of the amount made available for fiscal 

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

21 amount so reserved shall remain available through 

22 fiscal year 2021.’’. 


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1 SEC. 123. ENHANCEMENTS TO GRANTS TO IMPROVE WELL2 BEING OF FAMILIES AFFECTED BY SUB3 STANCE ABUSE. 

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

5 629g(f)) is amended— 

6 (1) in the subsection heading, by striking ‘‘IN7 CREASE THE WELL-BEING OF, AND TO IMPROVE

8 THE PERMANENCY OUTCOMES FOR, CHILDREN AF9 FECTED BY’’ and inserting ‘‘IMPLEMENT IV–E PRE10 VENTION SERVICES, AND IMPROVE THE WELL11 BEING OF, AND IMPROVE PERMANENCY OUTCOMES

12 FOR, CHILDREN AND FAMILIES AFFECTED BY HER13 OIN, OPIOIDS, AND OTHER’’; 

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

15 following: 

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

17 this subsection, the term ‘regional partnership’ 

18 means a collaborative agreement (which may be es19 tablished on an interstate, State, or intrastate basis) 

20 entered into by the following: 

21 ‘‘(A) MANDATORY PARTNERS FOR ALL

22 PARTNERSHIP GRANTS.— 

23 ‘‘(i) The State child welfare agency 

24 that is responsible for the administration 

25 of the State plan under this part and part 

26 E. 


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1 ‘‘(ii) The State agency responsible for 

2 administering the substance abuse preven3 tion and treatment block grant provided 

4 under subpart II of part B of title XIX of 

5 the Public Health Service Act. 

6 ‘‘(B) MANDATORY PARTNERS FOR PART7 NERSHIP GRANTS PROPOSING TO SERVE CHIL8 DREN IN OUT-OF-HOME PLACEMENTS.—If the 

9 partnership proposes to serve children in out-of10 home placements, the Juvenile Court or Admin11 istrative Office of the Court that is most appro12 priate to oversee the administration of court 

13 programs in the region to address the popu14 lation of families who come to the attention of 

15 the court due to child abuse or neglect. 

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

17 of the partnership, any of the following: 

18 ‘‘(i) An Indian tribe or tribal consor19 tium. 

20 ‘‘(ii) Nonprofit child welfare service 

21 providers. 

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

23 providers. 


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1 ‘‘(iv) Community health service pro2 viders, including substance abuse treat3 ment providers. 

4 ‘‘(v) Community mental health pro5 viders. 

6 ‘‘(vi) Local law enforcement agencies. 

7 ‘‘(vii) School personnel. 

8 ‘‘(viii) Tribal child welfare agencies 

9 (or a consortia of the agencies). 

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

11 personnel, officials, or entities that are re12 lated to the provision of child and family 

13 services under a State plan approved under 

14 this subpart. 

15 ‘‘(D) EXCEPTION FOR REGIONAL PART16 NERSHIPS WHERE THE LEAD APPLICANT IS AN

17 INDIAN TRIBE OR TRIBAL CONSORTIA.—If an 

18 Indian tribe or tribal consortium enters into a 

19 regional partnership for purposes of this sub20 section, the Indian tribe or tribal consortium— 

21 ‘‘(i) may (but is not required to) in22 clude the State child welfare agency as a 

23 partner in the collaborative agreement; 

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1 fare agencies (or a consortium of the agen2 cies); and 

3 ‘‘(iii) if the condition described in 

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

5 tribal court organizations in lieu of other 

6 judicial partners.’’; 

7 (3) in paragraph (3)— 

8 (A) in subparagraph (A)— 

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

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

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

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

13 ‘‘$250,000 and not more than 

14 $1,000,000’’; 

15 (B) in subparagraph (B)— 

16 (i) in the subparagraph heading, by 

17 inserting ‘‘; PLANNING’’ after ‘‘APPROVAL’’; 

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

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

20 and 

21 (iii) by adding at the end the fol22 lowing: 

23 ‘‘(iii) SUFFICIENT PLANNING.—A 

24 grant awarded under this subsection shall 

25 be disbursed in 2 phases: a planning phase 


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1 (not to exceed 2 years); and an implemen2 tation phase. The total disbursement to a 

3 grantee for the planning phase may not ex4 ceed $250,000, and may not exceed the 

5 total anticipated funding for the implemen6 tation phase.’’; and 

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

8 ‘‘(D) LIMITATION ON PAYMENT FOR A FIS9 CAL YEAR.—No payment shall be made under 

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

11 the Secretary determines that the eligible part12 nership has made sufficient progress in meeting 

13 the goals of the grant and that the members of 

14 the eligible partnership are coordinating to a 

15 reasonable degree with the other members of 

16 the eligible partnership.’’; 

17 (4) in paragraph (4)— 

18 (A) in subparagraph (B)— 

19 (i) in clause (i), by inserting ‘‘, par20 ents, and families’’ after ‘‘children’’; 

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

22 and permanence for such children; and’’ 

23 and inserting ‘‘safe, permanent caregiving 

24 relationships for the children;’’; 


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

2 and inserting ‘‘increase reunification rates 

3 for children who have been placed in out of 

4 home care, or decrease’’; and 

5 (iv) by redesignating clause (iii) as 

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

7 the following: 

8 ‘‘(iii) improve the substance abuse 

9 treatment outcomes for parents including 

10 retention in treatment and successful com11 pletion of treatment; 

12 ‘‘(iv) facilitate the implementation, de13 livery, and effectiveness of prevention serv14 ices and programs under section 471(e); 

15 and’’; 

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

17 ‘‘where appropriate,’’; and 

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

19 and inserting the following: 

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

21 the services provided by or activities funded 

22 under the grant after the conclusion of the 

23 grant period, including through the use of pre24 vention services and programs under section 

25 471(e) and other funds provided to the State 


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1 for child welfare and substance abuse preven2 tion and treatment services. 

3 ‘‘(F) Additional information needed by the 

4 Secretary to determine that the proposed activi5 ties and implementation will be consistent with 

6 research or evaluations showing which practices 

7 and approaches are most effective.’’; 

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

9 treatment’’ and inserting ‘‘use disorder treatment in10 cluding medication assisted treatment and in-home 

11 substance abuse disorder treatment and recovery’’; 

12 (6) in paragraph (7)— 

13 (A) by striking ‘‘and’’ at the end of sub14 paragraph (C); and 

15 (B) by redesignating subparagraph (D) as 

16 subparagraph (E) and inserting after subpara17 graph (C) the following: 

18 ‘‘(D) demonstrate a track record of suc19 cessful collaboration among child welfare, sub20 stance abuse disorder treatment and mental 

21 health agencies; and’’; 

22 (7) in paragraph (8)— 

23 (A) in subparagraph (A)— 


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1 (i) by striking ‘‘establish indicators 

2 that will be’’ and inserting ‘‘review indica3 tors that are’’; and 

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

5 available under such grants to achieve the 

6 purpose of this subsection’’ and inserting 

7 ‘‘and establish a set of core indicators re8 lated to child safety, parental recovery, 

9 parenting capacity, and family well-being. 

10 In developing the core indicators, to the 

11 extent possible, indicators shall be made 

12 consistent with the outcome measures de13 scribed in section 471(e)(6)’’; 

14 (B) in subparagraph (B)— 

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

16 by inserting ‘‘base the performance meas17 ures on lessons learned from prior rounds 

18 of regional partnership grants under this 

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

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

21 and inserting the following: 

22 ‘‘(iii) Other stakeholders or constitu23 encies as determined by the Secretary.’’; 

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

25 and inserting the following: 


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1 ‘‘(i) SEMIANNUAL REPORTS.—Not 

2 later than September 30 of each fiscal year 

3 in which a recipient of a grant under this 

4 subsection is paid funds under the grant, 

5 and every 6 months thereafter, the grant 

6 recipient shall submit to the Secretary a 

7 report on the services provided and activi8 ties carried out during the reporting pe9 riod, progress made in achieving the goals 

10 of the program, the number of children, 

11 adults, and families receiving services, and 

12 such additional information as the Sec13 retary determines is necessary. The report 

14 due not later than September 30 of the 

15 last such fiscal year shall include, at a 

16 minimum, data on each of the performance 

17 indicators included in the evaluation of the 

18 regional partnership.’’; and 

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

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


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1 Subtitle C—Miscellaneous 

2 SEC. 131. REVIEWING AND IMPROVING LICENSING STAND3 ARDS FOR PLACEMENT IN A RELATIVE FOS4 TER FAMILY HOME. 

5 (a) IDENTIFICATION OF REPUTABLE MODEL LI6 CENSING STANDARDS.—Not later than October 1, 2017, 

7 the Secretary of Health and Human Services shall identify 

8 reputable model licensing standards with respect to the li9 censing of foster family homes (as defined in section 

10 472(c)(1) of the Social Security Act). 

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

12 the Social Security Act is amended— 

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

14 after the semicolon; 

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

16 at the end and inserting a semicolon; and 

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

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

19 2018, the State shall submit to the Secretary infor20 mation addressing— 

21 ‘‘(A) whether the State licensing standards 

22 are in accord with model standards identified 

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

24 specific deviation and a description as to why 

25 having a standard that is reasonably in accord 


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1 with the corresponding national model stand2 ards is not appropriate for the State; 

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

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

5 for relative foster family homes (pursuant to 

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

7 description of which standards the State most 

8 commonly waives, and if the State has not 

9 elected to waive the standards, the reason for 

10 not waiving these standards; 

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

12 standards specified in subparagraph (B), how 

13 caseworkers are trained to use the waiver au14 thority and whether the State has developed a 

15 process or provided tools to assist caseworkers 

16 in waiving nonsafety standards per the author17 ity provided in 471(a)(10)(D) to quickly place 

18 children with relatives; and 

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

20 taking to improve caseworker training or the 

21 process, if any; and’’. 


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1 SEC. 132. DEVELOPMENT OF A STATEWIDE PLAN TO PRE2 VENT CHILD ABUSE AND NEGLECT FATALI3 TIES. 

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

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

6 ‘‘(19) document steps taken to track and pre7 vent child maltreatment deaths by including— 

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

9 taking to compile complete and accurate infor10 mation on the deaths required by Federal law 

11 to be reported by the State agency referred to 

12 in paragraph (1), including gathering relevant 

13 information on the deaths from the relevant or14 ganizations in the State including entities such 

15 as State vital statistics department, child death 

16 review teams, law enforcement agencies, offices 

17 of medical examiners or coroners; and 

18 ‘‘(B) a description of the steps the State is 

19 taking to develop and implement of a com20 prehensive, statewide plan to prevent the fatali21 ties that involves and engages relevant public 

22 and private agency partners, including those in 

23 public health, law enforcement, and the 

24 courts.’’. 


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1 SEC. 133. MODERNIZING THE TITLE AND PURPOSE OF 

2 TITLE IV–E. 

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

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

5 amended to read as follows: 

6 ‘‘Subtitle E—Federal Payments for 

7 Foster Care, Prevention, and 

8 Permanency’’. 

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

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

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

12 ‘‘1995),’’; 

13 (2) by inserting ‘‘kinship guardianship assist14 ance, and prevention services or programs specified 

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

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

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

18 SEC. 134. EFFECTIVE DATES. 

19 (a) EFFECTIVE DATES.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), subject to subsection (b), the amend22 ments made by this title shall take effect on October 

23 1, 2016. 

24 (2) EXCEPTIONS.—The amendments made by 

25 sections 131 and 133 shall take effect on the date 

26 of enactment of this Act. 


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1 (b) TRANSITION RULE.— 

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

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

4 Act which the Secretary of Health and Human Serv5 ices determines requires State legislation (other than 

6 legislation appropriating funds) in order for the plan 

7 to meet the additional requirements imposed by the 

8 amendments made by this title, the State plan shall 

9 not be regarded as failing to comply with the re10 quirements of such part solely on the basis of the 

11 failure of the plan to meet such additional require12 ments before the first day of the first calendar quar13 ter beginning after the close of the first regular ses14 sion of the State legislature that begins after the 

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

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

17 2-year legislative session, each year of the session 

18 shall be deemed to be a separate regular session of 

19 the State legislature. 

20 (2) APPLICATION TO PROGRAMS OPERATED BY

21 INDIAN TRIBAL ORGANIZATIONS.—In the case of an 

22 Indian tribe, tribal organization, or tribal consortium 

23 which the Secretary of Health and Human Services 

24 determines requires time to take action necessary to 

25 comply with the additional requirements imposed by 


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1 the amendments made by this title (whether the 

2 tribe, organization, or tribal consortium has a plan 

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

4 cooperative agreement or contract entered into with 

5 a State), the Secretary shall provide the tribe, orga6 nization, or tribal consortium with such additional 

7 time as the Secretary determines is necessary for the 

8 tribe, organization, or tribal consortium to take the 

9 action to comply with the additional requirements 

10 before being regarded as failing to comply with the 

11 requirements. 

12 TITLE II—ENSURING THE NE13 CESSITY OF A PLACEMENT 

14 THAT IS NOT IN A FOSTER 

15 FAMILY HOME 

16 SEC. 201. LIMITATION ON FEDERAL FINANCIAL PARTICIPA17 TION FOR PLACEMENTS THAT ARE NOT IN 

18 FOSTER FAMILY HOMES. 

19 (a) LIMITATION ON FEDERAL FINANCIAL PARTICIPA20 TION.— 

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

22 Security Act (42 U.S.C. 672), as amended by sec23 tion 112, is amended— 


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

2 but only to the extent permitted under sub3 section (k)’’ after ‘‘institution’’; and 

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

5 ‘‘(k) LIMITATION ON FEDERAL FINANCIAL PARTICI6 PATION.— 

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

8 week for which foster care maintenance payments 

9 are made under this section on behalf of a child 

10 placed in a child-care institution, no Federal pay11 ment shall be made to the State under section 

12 474(a)(1) for amounts expended for foster care 

13 maintenance payments on behalf of the child un14 less— 

15 ‘‘(A) the child is placed in a child-care in16 stitution that is a setting specified in paragraph 

17 (2) (or is placed in a licensed residential family18 based treatment facility consistent with sub19 section (j)); and 

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

21 qualified residential treatment program (as de22 fined in paragraph (4)), the requirements speci23 fied in paragraph (3) and section 475A(c) are 

24 met. 


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

2 The settings for placement specified in this para3 graph are the following: 

4 ‘‘(A) A qualified residential treatment pro5 gram (as defined in paragraph (4)). 

6 ‘‘(B) A setting specializing in providing 

7 prenatal, post-partum, or parenting supports 

8 for youth. 

9 ‘‘(C) In the case of a child who has at10 tained 18 years of age, a supervised setting in 

11 which the child is living independently. 

12 ‘‘(3) ASSESSMENT TO DETERMINE APPRO13 PRIATENESS OF PLACEMENT IN A QUALIFIED RESI14 DENTIAL TREATMENT PROGRAM.— 

15 ‘‘(A) DEADLINE FOR ASSESSMENT.—In 

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

17 residential treatment program, if the assess18 ment required under section 475A(c)(1) is not 

19 completed within 30 days after the placement is 

20 made, no Federal payment shall be made to the 

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

22 expended for foster care maintenance payments 

23 on behalf of the child during the placement. 

24 ‘‘(B) DEADLINE FOR TRANSITION OUT OF

25 PLACEMENT.—If the assessment required under 


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1 section 475A(c)(1) determines that the place2 ment of a child in a qualified residential treat3 ment program is not appropriate, a court dis4 approves such a placement under section 

5 475A(c)(2), or a child who has been in an ap6 proved placement in a qualified residential 

7 treatment program is going to return home or 

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

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

10 family home, Federal payments shall be made 

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

12 amounts expended for foster care maintenance 

13 payments on behalf of the child while the child 

14 remains in the qualified residential treatment 

15 program only during the period necessary for 

16 the child to transition home or to such a place17 ment. In no event shall a State receive Federal 

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

19 expended for foster care maintenance payments 

20 on behalf of a child who remains placed in a 

21 qualified residential treatment program after 

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

23 date a determination is made that the place24 ment is no longer the recommended or approved 

25 placement for the child. 


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1 ‘‘(4) QUALIFIED RESIDENTIAL TREATMENT

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

3 ‘qualified residential treatment program’ means a 

4 program that— 

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

6 model that is designed to address the needs, in7 cluding clinical needs as appropriate, of chil8 dren with serious emotional or behavioral dis9 orders or disturbances and, with respect to a 

10 child, is able to implement the treatment identi11 fied for the child by the assessment of the child 

12 required under section 475A(c); 

13 ‘‘(B) has registered or licensed nursing 

14 staff and other licensed clinical staff who— 

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

16 their practice as defined by State law; 

17 ‘‘(ii) are on-site during business 

18 hours; and 

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

20 7 days a week; 

21 ‘‘(C) to the extent appropriate, and in ac22 cordance with the child’s best interests, facili23 tates participation of family members in the 

24 child’s treatment program; 


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1 ‘‘(D) facilitates outreach to the family 

2 members of the child, including siblings, docu3 ments how the outreach is made (including con4 tact information), and maintains contact infor5 mation for any known biological family and fic6 tive kin of the child; 

7 ‘‘(E) documents how family members are 

8 integrated into the treatment process for the 

9 child, including post-discharge, and how sibling 

10 connections are maintained; 

11 ‘‘(F) provides discharge planning and fam12 ily-based aftercare support for at least 6 

13 months post-discharge; and 

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

15 471(a)(10) and is accredited by any of the fol16 lowing independent, not-for-profit organizations: 

17 ‘‘(i) The Commission on Accreditation 

18 of Rehabilitation Facilities (CARF). 

19 ‘‘(ii) The Joint Commission on Ac20 creditation of Healthcare Organizations 

21 (JCAHO). 

22 ‘‘(iii) The Council on Accreditation 

23 (COA). 


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1 ‘‘(iv) Any other independent, not-for2 profit accrediting organization approved by 

3 the Secretary.’’. 

4 (2) CONFORMING AMENDMENT.—Section 

5 474(a)(1) of the Social Security Act (42 U.S.C. 

6 674(a)(1)), as amended by section 112(b), is amend7 ed by striking ‘‘subsection (j)’’ and inserting ‘‘sub8 sections (j) and (k)’’. 

9 (b) DEFINITION OF FOSTER FAMILY HOME, CHILD10 CARE INSTITUTION.—Section 472(c) of such Act (42 

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

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

13 ‘‘(1) FOSTER FAMILY HOME.— 

14 ‘‘(A) IN GENERAL.—The term ‘foster fam15 ily home’ means the home of an individual or 

16 family— 

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

18 the State in which it is situated as a foster 

19 family home that meets the standards es20 tablished for the licensing or approval; and 

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

22 has been placed in the care of an indi23 vidual, who resides with the child and who 

24 has been licensed or approved by the State 

25 to be a foster parent— 


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1 ‘‘(I) that the State deems capable 

2 of adhering to the reasonable and pru3 dent parent standard; 

4 ‘‘(II) that provides 24-hour sub5 stitute care for children placed away 

6 from their parents or other care7 takers; and 

8 ‘‘(III) that provides the care for 

9 not more than 6 children in foster 

10 care. 

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

12 foster children that may be cared for in a home 

13 under subparagraph (A) may exceed the numer14 ical limitation in subparagraph (A)(ii)(III), at 

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

16 reasons: 

17 ‘‘(i) To allow a parenting youth in fos18 ter care to remain with the child of the 

19 parenting youth. 

20 ‘‘(ii) To allow siblings to remain to21 gether. 

22 ‘‘(iii) To allow a child with an estab23 lished meaningful relationship with the 

24 family to remain with the family. 


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

2 training or skills to provide care to a child 

3 who has a severe disability. 

4 ‘‘(C) RULE OF CONSTRUCTION.—Subpara5 graph (A) shall not be construed as prohibiting 

6 a foster parent from renting the home in which 

7 the parent cares for a foster child placed in the 

8 parent’s care. 

9 ‘‘(2) CHILD-CARE INSTITUTION.— 

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

11 institution’ means a private child-care institu12 tion, or a public child-care institution which ac13 commodates no more than 25 children, which is 

14 licensed by the State in which it is situated or 

15 has been approved by the agency of the State 

16 responsible for licensing or approval of institu17 tions of this type as meeting the standards es18 tablished for the licensing. 

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

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

21 term shall include a supervised setting in which 

22 the individual is living independently, in accord23 ance with such conditions as the Secretary shall 

24 establish in regulations. 


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1 ‘‘(C) EXCLUSIONS.—The term shall not in2 clude detention facilities, forestry camps, train3 ing schools, or any other facility operated pri4 marily for the detention of children who are de5 termined to be delinquent.’’. 

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

7 OTHER LEGAL PERSONNEL IN CHILD WELFARE

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

9 629h(b)(1)) is amended in the matter preceding subpara10 graph (A) by inserting ‘‘shall provide for the training of 

11 judges, attorneys, and other legal personnel in child wel12 fare cases on Federal child welfare policies and payment 

13 limitations with respect to children in foster care who are 

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

15 ‘‘with respect to the child,’’. 

16 (d) ASSURANCE OF NONIMPACT ON JUVENILE JUS17 TICE SYSTEM.— 

18 (1) STATE PLAN REQUIREMENT.—Section 

19 471(a) of such Act (42 U.S.C. 671(a)), as amended 

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

21 end the following: 

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

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

24 respect to foster care maintenance payments made 

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


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

2 or advance policies or practices that would result in 

3 a significant increase in the population of youth in 

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

5 (2) GAO STUDY AND REPORT.—The Comp6 troller General of the United States shall evaluate 

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

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

9 the Social Security Act (as added by section 

10 201(a)(1)) on foster care maintenance payments 

11 made on behalf of any child who is placed in a set12 ting that is not a foster family home, in accordance 

13 with the amendments made by subsections (a) and 

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

15 General shall evaluate the extent to which children 

16 in foster care who also are subject to the juvenile 

17 justice system of the State are placed in a facility 

18 under the jurisdiction of the juvenile justice system 

19 and whether the lack of available congregate care 

20 placements under the jurisdiction of the child wel21 fare systems is a contributing factor to that result. 

22 Not later than December 31, 2023, the Comptroller 

23 General shall submit to Congress a report on the re24 sults of the evaluation. 


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1 SEC. 202. ASSESSMENT AND DOCUMENTATION OF THE 

2 NEED FOR PLACEMENT IN A QUALIFIED RES3 IDENTIAL TREATMENT PROGRAM. 

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

5 675a) is amended by adding at the end the following: 

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

7 DETERMINATION REQUIREMENTS FOR PLACEMENT IN A

8 QUALIFIED RESIDENTIAL TREATMENT PROGRAM.—In 

9 the case of any child who is placed in a qualified residen10 tial treatment program (as defined in section 472(k)(4)), 

11 the following requirements shall apply for purposes of ap12 proving the case plan for the child and the case system 

13 review procedure for the child: 

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

15 placement in such a setting, a qualified individual 

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

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

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

19 validated, functional assessment tool approved 

20 by the Secretary; 

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

22 child can be met with family members or 

23 through placement in a foster family home or, 

24 if not, which setting from among the settings 

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

26 most effective and appropriate level of care for 


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1 the child in the least restrictive environment 

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

3 goals for the child, as specified in the perma4 nency plan for the child; and 

5 ‘‘(iii) develop a list of child-specific short6 and long-term mental and behavioral health 

7 goals. 

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

9 permanency team for the child in accordance with 

10 the requirements of clauses (ii) and (iii). The quali11 fied individual conducting the assessment required 

12 under subparagraph (A) shall work in conjunction 

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

14 child while conducting and making the assessment. 

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

16 consist of all appropriate biological family members, 

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

18 appropriate, professionals who are a resource to the 

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

20 mental health providers who have treated the child, 

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

22 age 14, the family and permanency team shall in23 clude the members of the permanency planning team 

24 for the child that are selected by the child in accord25 ance with section 475(5)(C)(iv). 


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

2 case plan— 

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

4 the State to identify and include all such indi5 viduals on the family of, and permanency team 

6 for, the child; 

7 ‘‘(II) all contact information for members 

8 of the family and permanency team, as well as 

9 contact information for other family members 

10 and fictive kin who are not part of the family 

11 and permanency team; 

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

13 and permanency team, including meetings relat14 ing to the assessment required under subpara15 graph (A), are held at a time and place conven16 ient for family; 

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

18 demonstrating that the parent from whom the 

19 child was removed provided input on the mem20 bers of the family and permanency team; 

21 ‘‘(V) evidence that the assessment required 

22 under subparagraph (A) is determined in con23 junction with the family and permanency team; 

24 and 


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1 ‘‘(VI) the placement preferences of the 

2 family and permanency team relative to the as3 sessment and, if the placement preferences of 

4 the family and permanency team and child are 

5 not the placement setting recommended by the 

6 qualified individual conducting the assessment 

7 under subparagraph (A), the reasons why the 

8 preferences of the team and of the child were 

9 not recommended. 

10 ‘‘(C) In the case of a child who the qualified in11 dividual conducting the assessment under subpara12 graph (A) determines should not be placed in a fos13 ter family home, the qualified individual shall specify 

14 in writing the reasons why the needs of the child 

15 cannot be met by the family of the child or in a fos16 ter family home. A shortage or lack of foster family 

17 homes shall not be an acceptable reason for deter18 mining that a needs of the child cannot be met in 

19 a foster family home. The qualified individual also 

20 shall specify in writing why the recommended place21 ment in a qualified residential treatment program is 

22 the setting that will provide the child with the most 

23 effective and appropriate level of care in the least re24 strictive environment and how that placement is con25 sistent with the short- and long-term goals for the 


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1 child, as specified in the permanency plan for the 

2 child. 

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

4 the term ‘qualified individual’ means a trained pro5 fessional or licensed clinician who is not an employee 

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

7 affiliated with, any placement setting in which chil8 dren are placed by the State. 

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

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

11 submission by the State, in accordance with criteria 

12 established by the Secretary, that certifies that the 

13 trained professionals or licensed clinicians with re14 sponsibility for performing the assessments de15 scribed in subparagraph (A) shall maintain objec16 tivity with respect to determining the most effective 

17 and appropriate placement for a child. 

18 ‘‘(2) Within 60 days of the start of each place19 ment in a qualified residential treatment program, a 

20 family or juvenile court or another court (including 

21 a tribal court) of competent jurisdiction, or an ad22 ministrative body appointed or approved by the 

23 court, independently, shall— 

24 ‘‘(A) consider the assessment, determina25 tion, and documentation made by the qualified 


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1 individual conducting the assessment under 

2 paragraph (1); 

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

4 child can be met through placement in a foster 

5 family home or, if not, whether placement of 

6 the child in a qualified residential treatment 

7 program provides the most effective and appro8 priate level of care for the child in the least re9 strictive environment and whether that place10 ment is consistent with the short- and long11 term goals for the child, as specified in the per12 manency plan for the child; and 

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

14 ‘‘(3) The written documentation made under 

15 paragraph (1)(C) and documentation of the deter16 mination and approval or disapproval of the place17 ment in a qualified residential treatment program by 

18 a court or administrative body under paragraph (2) 

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

20 for the child. 

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

22 qualified residential treatment program, the State 

23 agency shall submit evidence at each status review 

24 and each permanency hearing held with respect to 

25 the child— 


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1 ‘‘(A) demonstrating that ongoing assess2 ment of the strengths and needs of the child 

3 continues to support the determination that the 

4 needs of the child cannot be met through place5 ment in a foster family home, that the place6 ment in a qualified residential treatment pro7 gram provides the most effective and appro8 priate level of care for the child in the least re9 strictive environment, and that the placement is 

10 consistent with the short- and long-term goals 

11 for the child, as specified in the permanency 

12 plan for the child; 

13 ‘‘(B) documenting the specific treatment or 

14 service needs that will be met for the child in 

15 the placement and the length of time the child 

16 is expected to need the treatment or services; 

17 and 

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

19 State agency to prepare the child to return 

20 home or to be placed with a fit and willing rel21 ative, a legal guardian, or an adoptive parent, 

22 or in a foster family home. 

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

24 a qualified residential treatment program for more 

25 than 12 consecutive months or 18 nonconsecutive 


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1 months (or, in the case of a child who has not at2 tained age 13, for more than 6 consecutive or non3 consecutive months), the State agency shall submit 

4 to the Secretary— 

5 ‘‘(A) the most recent versions of the evi6 dence and documentation specified in paragraph 

7 (4); and 

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

9 the State agency for the continued placement of 

10 the child in that setting.’’. 

11 SEC. 203. PROTOCOLS TO PREVENT INAPPROPRIATE DIAG12 NOSES. 

13 (a) STATE PLAN REQUIREMENT.—Section 

14 422(b)(15)(A) of the Social Security Act (42 U.S.C. 

15 622(b)(15)(A)) is amended— 

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

17 semicolon; 

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

19 and 

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

21 ‘‘(vii) the procedures and protocols 

22 the State has established to ensure that 

23 children in foster care placements are not 

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1 orders, medically fragile conditions, or de2 velopmental disabilities, and placed in set3 tings that are not foster family homes as 

4 a result of the inappropriate diagnoses; 

5 and’’. 

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

7 U.S.C. 676), as amended by sections 111(d) and 131(a), 

8 is further amended by adding at the end the following: 

9 ‘‘(f) EVALUATION OF STATE PROCEDURES AND PRO10 TOCOLS TO PREVENT INAPPROPRIATE DIAGNOSES OF

11 MENTAL ILLNESS OR OTHER CONDITIONS.—The Sec12 retary shall conduct an evaluation of the procedures and 

13 protocols established by States in accordance with the re14 quirements of section 422(b)(15)(A)(vii). The evaluation 

15 shall analyze the extent to which States comply with and 

16 enforce the procedures and protocols and the effectiveness 

17 of various State procedures and protocols and shall iden18 tify best practices. Not later than January 1, 2019, the 

19 Secretary shall submit a report on the results of the eval20 uation to Congress.’’. 


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1 SEC. 204. ADDITIONAL DATA AND REPORTS REGARDING 

2 CHILDREN PLACED IN A SETTING THAT IS 

3 NOT A FOSTER FAMILY HOME. 

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

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

6 through (vi) and inserting the following: 

7 ‘‘(i) with respect to each such place8 ment— 

9 ‘‘(I) the type of the placement 

10 setting, including whether the place11 ment is shelter care, a group home 

12 and if so, the range of the child popu13 lation in the home, a residential treat14 ment facility, a hospital or institution 

15 providing medical, rehabilitative, or 

16 psychiatric care, a setting specializing 

17 in providing prenatal, post-partum or 

18 parenting supports, or some other 

19 kind of child-care institution and if so, 

20 what kind; 

21 ‘‘(II) the number of children in 

22 the placement setting and the age, 

23 race, ethnicity, and gender of each of 

24 the children; 

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1 ment of the child in the setting, 

2 whether the placement of the child in 

3 the setting is the first placement of 

4 the child and if not, the number and 

5 type of previous placements of the 

6 child, and whether the child has spe7 cial needs or another diagnosed men8 tal or physical illness or condition; 

9 and 

10 ‘‘(IV) the extent of any special11 ized education, treatment, counseling, 

12 or other services provided in the set13 ting; and 

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

15 of children in the placements who have a 

16 permanency plan of another planned per17 manent living arrangement; and’’. 

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

19 (a) EFFECTIVE DATES.— 

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

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

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

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

24 plan under part B or E of title IV of the Social Se25 curity Act which the Secretary of Health and 


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1 Human Services determines requires State legisla2 tion (other than legislation appropriating funds) in 

3 order for the plan to meet the additional require4 ments imposed by the amendments made by this 

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

6 to comply with the requirements of such part solely 

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

8 additional requirements before the first day of the 

9 first calendar quarter beginning after the close of 

10 the first regular session of the State legislature that 

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

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

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

14 of the session shall be deemed to be a separate reg15 ular session of the State legislature. 

16 (b) LIMITATION ON FEDERAL FINANCIAL PARTICI17 PATION FOR PLACEMENTS THAT ARE NOT IN FOSTER

18 FAMILY HOMES AND RELATED PROVISIONS.—The 

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

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

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

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

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

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

25 amendments made by this title shall not apply with respect 


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1 to the State before the expiration (determined without re2 gard to any extensions) of the waiver to the extent the 

3 amendments are inconsistent with the terms of the waiver. 

4 TITLE III—CONTINUING SUP5 PORT FOR CHILD AND FAM6 ILY SERVICES 

7 SEC. 301. SUPPORTING AND RETAINING FOSTER FAMILIES 

8 FOR CHILDREN. 

9 Section 431(a)(2)(B) of the Social Security Act (42 

10 U.S.C. 631(a)(2)(B)) is amended by redesignating clauses 

11 (iii) through (vi) as clauses (iv) through (vii), respectively, 

12 and inserting after clause (ii) the following: 

13 ‘‘(iii) To support and retain foster 

14 families so they can provide quality family15 based settings for children in foster care.’’. 

16 SEC. 302. EXTENSION OF CHILD AND FAMILY SERVICES 

17 PROGRAMS. 

18 (a) EXTENSION OF STEPHANIE TUBBS JONES CHILD

19 WELFARE SERVICES PROGRAM.—Section 425 of the So20 cial Security Act (42 U.S.C. 625) is amended by striking 

21 ‘‘2012 through 2016’’ and inserting ‘‘2017 through 

22 2021’’. 

23 (b) EXTENSION OF PROMOTING SAFE AND STABLE

24 FAMILIES PROGRAM AUTHORIZATIONS.— 


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

2 (42 U.S.C. 629f(a)) is amended by striking all that 

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

4 fiscal years 2017 through 2021.’’. 

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

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

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

8 through 2021’’. 

9 (c) EXTENSION OF FUNDING RESERVATIONS FOR

10 MONTHLY CASEWORKER VISITS AND REGIONAL PART11 NERSHIP GRANTS.—Section 436(b) of such Act (42 

12 U.S.C. 629f(b)) is amended— 

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

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

15 and 

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

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

18 (d) REAUTHORIZATION OF FUNDING FOR STATE

19 COURTS.— 

20 (1) EXTENSION OF PROGRAM.—Section 

21 438(c)(1) of such Act (42 U.S.C. 629h(c)(1)) is 

22 amended by striking ‘‘2012 through 2016’’ and in23 serting ‘‘2017 through 2021’’. 

24 (2) EXTENSION OF FEDERAL SHARE.—Section 

25 438(d) of such Act (42 U.S.C. 629h(d)) is amended 


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

2 ‘‘2017 through 2021’’. 

3 (e) REPEAL OF EXPIRED PROVISIONS.—Section 

4 438(e) of such Act (42 U.S.C. 629h(e)) is repealed. 

5 SEC. 303. IMPROVEMENTS TO THE JOHN H. CHAFEE FOS6 TER CARE INDEPENDENCE PROGRAM AND 

7 RELATED PROVISIONS. 

8 (a) AUTHORITY TO SERVE FORMER FOSTER YOUTH

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

10 (42 U.S.C. 677) is amended— 

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

12 years of age, in the case of a State with a certifi13 cation under subsection (b)(3)(A)(ii) to provide as14 sistance and services to youths who have aged out 

15 of foster care and have not attained such age, in ac16 cordance with such subsection)’’ after ‘‘21 years of 

17 age’’; 

18 (2) in subsection (b)(3)(A)— 

19 (A) by inserting ‘‘(i)’’ before ‘‘A certifi20 cation’’; 

21 (B) by striking ‘‘children who have left fos22 ter care’’ and all that follows through the pe23 riod and inserting ‘‘youths who have aged out 

24 of foster care and have not attained 21 years of 

25 age.’’; and 


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

2 ‘‘(ii) If the State has elected under 

3 section 475(8)(B) to extend eligibility for 

4 foster care to all children who have not at5 tained 21 years of age, or if the Secretary 

6 determines that the State agency respon7 sible for administering the State plans 

8 under this part and part B uses State 

9 funds or any other funds not provided 

10 under this part to provide services and as11 sistance for youths who have aged out of 

12 foster care that are comparable to the 

13 services and assistance the youths would 

14 receive if the State had made such an elec15 tion, the certification required under clause 

16 (i) may provide that the State will provide 

17 assistance and services to youths who have 

18 aged out of foster care and have not at19 tained 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 477(d)(3)’’ after ‘‘provided by the Sec11 retary’’; 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 years of age’’; 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 16 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) is amended by in11 serting after ‘‘REAL ID Act of 2005’’ the following: ‘‘, 

12 and any official documentation necessary to prove that the 

13 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 

25 to the amount of the savings (if any) in State exVerDate Sep 11 2014 04:04 Jun 14, 2016 Jkt 059200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H5456.IH H5456

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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 

22 the study required by subsection (a), including rec23 ommendations to ensure compliance with laws referred to 

24 in subsection (a). 

Æ 


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