I

107TH CONGRESS

1ST SESSION H. R. 1371

To provide for grants to State child welfare systems to improve quality

standards and outcomes, and to authorize the forgiveness of loans made

to certain students who become child welfare workers.

IN THE HOUSE OF REPRESENTATIVES

APRIL 3, 2001

Mr. STARK (for himself, Mr. MATSUI, Mr. FILNER, Mrs. MALONEY of New

York, Mr. GUTIERREZ, Mr. FRANK, Ms. SOLIS, Ms. MCCARTHY of Missouri, Mr. GEORGE MILLER of California, Mr. CRAMER, Mr. LEVIN, Mr.

ALLEN, Mr. DOGGETT, Mr. KENNEDY of Rhode Island, Mr. CONYERS,

and Ms. CARSON of Indiana) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the

Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such

provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide for grants to State child welfare systems to

improve quality standards and outcomes, and to authorize the forgiveness of loans made to certain students

who become child welfare workers.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Child Protection Serv5 ices Improvement Act’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds the following:

3 (1) Approximately 3,000,000 reports of child

4 abuse and neglect must be investigated each year.

5 (2) Approximately 1,000,000 of these reports

6 are confirmed and require ongoing intervention.

7 (3) On any given day in the United States,

8 more than 500,000 children are being served outside

9 their homes by the child welfare system.

10 (4) These children are served in more than

11 150,000 foster homes and more than 5,000 residen12 tial programs.

13 (5) The child welfare ‘‘workforce crisis’’ has de14 veloped as the result of the following 3 major fac15 tors:

16 (A) Overall low levels of unemployment

17 and the resulting increase in competition for

18 workers in all sectors of the economy.

19 (B) The increasing numbers of children

20 and families needing service coupled with de21 creasing numbers of workers in the employment

22 pool.

23 (C) The relatively low pay and difficult

24 working conditions that exist in many child wel25 fare agencies.
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1 (6) The vacancy rate in State child welfare

2 agencies is 8.1 percent, and 14.3 percent for private

3 agencies.

4 (7) The overall turnover rate in child welfare

5 agencies has doubled since 1991, to 13.9 percent in

6 public agencies and to 46.5 percent in private agen7 cies.

8 (8) The child welfare workforce crisis is real

9 and is already compromising the ability of the child

10 welfare system to effectively provide essential serv11 ices to its children and families. In addition, analysis

12 of trends indicates that the situation will worsen

13 over the next decade. It is clear that steps must be

14 taken now to encourage more workers to enter the

15 field and to improve the salaries, working conditions,

16 and training of workers who provide these critically

17 important services.

18 SEC. 3. SENSE OF THE CONGRESS.

19 The Congress strongly encourages State agencies to

20 make resources obtained under sections 4 and 5 available

21 to the nonprofit private sector contracted providers in

22 their State who face the same challenges as the State.
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1 SEC. 4. CHILD WELFARE SERVICE QUALITY IMPROVEMENT

2 GRANTS.

3 (a) IN GENERAL.—The Secretary of Health and

4 Human Services (in this section referred to as the ‘‘Sec5 retary’’), acting through the Administration of Children

6 and Families, may make grants to States to improve the

7 quality of child welfare services by increasing the quality

8 and capacity of their child welfare workforce or by increas9 ing the coordination of their child welfare services.

10 (b) APPLICATIONS.—

11 (1) CONTENTS.—A State desiring to receive a

12 grant under this section shall submit to the Sec13 retary an application that includes the following:

14 (A) PLAN.—A detailed description of how

15 the State would use the grant, during the 5-

16 year period beginning with the date the grant

17 is received, to improve working conditions of

18 child welfare workers in 1 or more ways de19 scribed in paragraph (2), and an explanation of

20 how doing so would help the State achieve the

21 outcomes set forth in the Final List of Child

22 Welfare Outcomes and Measures (64 Fed. Reg.

23 45552–45554).

24 (B) BASELINE DATA ON STATE-SELECTED

25 INDICATORS.—The information described in

26 those subparagraphs of paragraph (3) which de-
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1 scribe the indicators that the State intends to

2 improve on using the grant, with respect to all

3 child welfare agencies in the State for the fiscal

4 year preceding the first fiscal year for which the

5 grant is requested.

6 (C) BUDGET.—A budget showing how the

7 State would expend funds (including any grant

8 funds provided under this section) for child wel9 fare services or the improvement of the services.

10 (2) WAYS TO IMPROVE WORKING CONDI11 TIONS.—The ways described in this paragraph to

12 improve working conditions of child welfare workers

13 are the following:

14 (A) Increase the wages of supervisory and

15 nonsupervisory child welfare workers.

16 (B) Increase the number of State super17 visory and nonsupervisory staff working on

18 strengthening and preserving families and im19 proving child well-being, permanency, and safe20 ty.

21 (C) Reduce the turnover rate for super22 visory and nonsupervisory child welfare workers

23 in the State, and the number of supervisory and

24 nonsupervisory staff vacancies in child welfare

25 agencies.
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1 (D) Improve the formal education and

2 training of supervisory and nonsupervisory child

3 welfare workers.

4 (E) Increase the number of supervisory

5 and nonsupervisory child welfare workers who

6 have graduated from an institution of higher

7 education in such fields of study as the Sec8 retary determines are related to the delivery of

9 child welfare services.

10 (F) Coordinate training, recruitment, and

11 retention strategies for child welfare workers.

12 (G) Implement strategies to increase the

13 safety of child welfare workers.

14 (H) Enable the State child welfare agen15 cies to coordinate the provision of services with

16 State and local health care agencies, State and

17 local alcohol and drug abuse prevention and

18 treatment agencies, State and local mental

19 health agencies, State and local housing agen20 cies, and other welfare agencies to promote

21 child safety, permanence, and family stability.

22 (3) DESCRIPTION OF BASELINE DATA.—The

23 data described in this paragraph are the following:
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1 (A) The average salary of supervisory child

2 welfare workers, and of nonsupervisory child

3 welfare workers.

4 (B) The average number of children or

5 families, per caseworker—

6 (i) for caseworkers who provide serv7 ices for abused or neglected children and

8 their families;

9 (ii) for caseworkers who provide serv10 ices to strengthen and preserve families

11 with children;

12 (iii) for caseworkers who provide

13 adoption services; and

14 (iv) for caseworkers who provide fam15 ily foster care services.

16 (C) The total number of vacancies in su17 pervisory staff positions and in nonsupervisory

18 staff positions, and each such number expressed

19 as a percentage of each type of staff position.

20 (D) The average rate at which supervisory

21 child welfare workers left employment, and at

22 which nonsupervisory child welfare workers left

23 employment.
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1 (E) The average duration of employment

2 of supervisory child welfare workers and of non3 supervisory child welfare workers.

4 (F) The total number and percentage of

5 supervisory child welfare workers and of non6 supervisory child welfare workers who have re7 ceived a bachelor’s or more advanced degree

8 from an institution of higher education, in the

9 aggregate, and broken down by field of study.

10 (G) The average number of staff for whom

11 supervisory child welfare workers are respon12 sible.

13 (H) The range and scope of pre-service

14 and in-service training opportunities, including

15 numbers and percentage of supervisory child

16 welfare staff and of nonsupervisory child wel17 fare staff engaged in training programs.

18 (I) The number and severity of injuries

19 and threats to child welfare workers, and the

20 strategies used to address the safety of child

21 welfare workers.

22 (J) Data that indicates whether families

23 and children received support services (such as

24 mental and physical health care, food stamps,

25 affordable housing, and substance abuse pre-
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1 vention and treatment) needed to create a sta2 ble home environment.

3 (K) Such other indicators as the Secretary

4 may by regulation prescribe.

5 (4) AMENDMENT OF APPLICATIONS.—A State

6 may at any time submit to the Secretary an amend7 ment to the application of the State under this sub8 section. On approval of such an amendment, the ap9 plication shall be considered to include the amend10 ment.

11 (c) GRANTS.—

12 (1) IN GENERAL.—On certification by the Sec13 retary that a State application for a grant under

14 this section meets the requirements of subsection (b)

15 and that implementing the activities described in the

16 application would help the State achieve some of the

17 outcomes set forth in the Final List of Child Welfare

18 Outcomes and Measures (64 Fed. Reg. 45552–

19 45554), and on approval by the Secretary of the ap20 plication, the State shall be eligible to receive a

21 grant under this section for each fiscal year for

22 which funds are available for such a grant.

23 (2) GRANT AMOUNT.—The Secretary shall

24 make a grant to each State that is eligible to receive
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1 a grant under this section for a fiscal year, in an

2 amount equal to the lesser of—

3 (A) the amount finally allotted to or re4 served for the State under this subsection for

5 the fiscal year; or

6 (B) 3 times the amount that the State has

7 committed to spend to carry out the activities

8 described in the approved application.

9 (3) RESERVATION OF FUNDS.—

10 (A) PUERTO RICO.—The Secretary shall

11 reserve 1.75 percent of the funds appropriated

12 pursuant to subsection (j) for each fiscal year,

13 for a grant to Puerto Rico under this section

14 for the fiscal year. If, for a fiscal year, Puerto

15 Rico does not submit to the Secretary an appli16 cation that meets the requirements of sub17 section (b), the funds so reserved shall be avail18 able for allotment under paragraph (4) of this

19 subsection for the succeeding fiscal year or (if

20 the succeeding fiscal year is fiscal year 2007)

21 remitted to the Treasury of the United States.

22 (B) OTHER TERRITORIES.—The Secretary

23 shall reserve 0.3 percent of the funds appro24 priated pursuant to subsection (j) for each fis25 cal year, for grants among the United States
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1 Virgin Islands, Guam, American Samoa, and

2 the Commonwealth of the Northern Mariana Is3 lands under this section in such amounts as the

4 Secretary deems appropriate for the fiscal year.

5 If, for a fiscal year, none of such territories

6 submits to the Secretary an application that

7 meets the requirements of subsection (b), the

8 funds so reserved shall be available for allot9 ment under paragraph (4) of this subsection for

10 the succeeding fiscal year or (if the succeeding

11 fiscal year is fiscal year 2007) remitted to the

12 Treasury of the United States.

13 (C) INDIAN TRIBES.—The Secretary shall

14 reserve 1 percent of the funds appropriated

15 pursuant to subsection (j) for each fiscal year,

16 for grants among Indian tribes under this sec17 tion in such amounts as the Secretary deems

18 appropriate for the fiscal year. If, for a fiscal

19 year, no Indian tribe submits to the Secretary

20 an application that meets the requirements of

21 subsection (b), the funds so reserved shall be

22 available for allotment under paragraph (4) of

23 this subsection for the succeeding fiscal year or

24 (if the succeeding fiscal year is fiscal year
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1 2007) remitted to the Treasury of the United

2 States.

3 (D) TECHNICAL ASSISTANCE AND EVALUA4 TIONS.—The Secretary shall reserve 0.7 percent

5 of the funds appropriated pursuant to sub6 section (j) for each fiscal year, to pay the costs

7 of providing technical assistance and conducting

8 evaluations under this section.

9 (4) ALLOTMENTS.—

10 (A) INITIAL ALLOTMENT.—From the

11 amount available to carry out this section for a

12 fiscal year that remains after applying para13 graph (3) for the fiscal year (including any

14 amount available for allotment under this para15 graph for the fiscal year after applying para16 graph (3) for the preceding fiscal year), the

17 Secretary shall initially allot to each State not

18 described in paragraph (3) for a fiscal year an

19 amount that bears the same ratio to the re20 maining amount as the number of individuals

21 who reside in the State, have not attained 18

22 years of age, and are members of families

23 whose total income does not exceed the poverty

24 line (as defined in section 673(2) of the Omni25 bus Budget Reconciliation Act of 1981, includ-
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1 ing any revision required by such section appli2 cable to a family of the size involved) for the

3 most recent fiscal year for which such informa4 tion is available bears to the total number of

5 such individuals of all States not described in

6 paragraph (3) that are eligible for a grant

7 under this section for such most recent fiscal

8 year.

9 (B) FINAL ALLOTMENT.—The Secretary

10 shall reduce the amount initially allotted to

11 each State with an initial allotment under sub12 paragraph (A) of more than $300,000, on a pro

13 rata basis, to the extent necessary to ensure

14 that the amount finally allotted to each such

15 State is not less than $300,000.

16 (d) USE OF GRANT.—

17 (1) IN GENERAL.—A State to which a grant is

18 made under this section shall use the grant in ac19 cordance with the approved application for the

20 grant.

21 (2) AVAILABILITY OF FUNDS.—A State that re22 ceives funds under this section shall remit to the

23 Secretary any of such funds that remain unexpended

24 by the State at the end of the 2-year period that be25 gins with the date of the receipt.
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1 (3) NO SUPPLANTATION.—A State to which a

2 grant is made under this section shall use the grant

3 to supplement and not supplant any Federal, State,

4 or local funds used for child welfare services or child

5 welfare training.

6 (e) MONITORING.—The Secretary shall monitor the

7 activities of grantees under this section to ensure compli8 ance with the requirements of this Act and any State plan

9 of the grantee under subpart 1 of part B of title IV of

10 the Social Security Act.

11 (f) TECHNICAL ASSISTANCE.—The Secretary may

12 provide technical assistance to any grantee to assist the

13 grantee in improving the quality of child welfare services,

14 including strategies to recruit, train, and retain high qual15 ity staff, and in complying with the requirements referred

16 to in subsection (e).

17 (g) ENFORCEMENT.—

18 (1) IN GENERAL.—If the Secretary determines

19 that, during a fiscal year, a grantee under this sec20 tion has not complied with a requirement of this

21 Act, the Secretary may—

22 (A) in the case of the 1st such determina23 tion of noncompliance, reduce by not less than

24 5 percent the amount of the grant otherwise
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1 payable to the grantee under this section for

2 the fiscal year;

3 (B) in the case of the 2nd such determina4 tion of noncompliance, reduce by not less than

5 25 percent the amount of the grant otherwise

6 payable to the grantee under this section for

7 the fiscal year; and

8 (C) in the case of the 3rd or any subse9 quent such determination of noncompliance,

10 withhold the payment of a grant to the grantee

11 under this section for any succeeding fiscal

12 year, notwithstanding subsection (c).

13 (2) RECOVERY.—In the case of a determination

14 under paragraph (1) of grantee noncompliance, to

15 the extent that a penalty cannot be imposed under

16 paragraph (1), the Secretary shall require the grant17 ee to remit to the Secretary the amount of the pen18 alty not able to be so imposed.

19 (h) EVALUATION.—

20 (1) IN GENERAL.—Not later September 30,

21 2004, the Secretary shall conduct an interim evalua22 tion to determine whether the grantees under this

23 section have improved the provision of child welfare

24 services beyond the level reflected in the baseline
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1 data set forth in the applications submitted by the

2 grantees under this section.

3 (2) MATTERS TO BE ADDRESSED.—The evalua4 tion shall include information on whether there has

5 been a statewide improvement of status of child per6 manency, child welfare, and child safety of children

7 in the child welfare system.

8 (3) METHODS.—In conducting an evaluation of

9 a grantee under this subsection, the Secretary shall

10 use the same methods as were used in consideration

11 of the application submitted by the grantee under

12 this section.

13 (4) FINAL REPORT.—Not later than September

14 30, 2006, the Secretary shall submit to the Congress

15 a written report that contains the final evaluation of

16 the Secretary of the matters described in paragraph

17 (1) and (2), using the methods referred to in para18 graph (3), and that includes recommendations as to

19 whether, and if so how, the grant program under

20 this section should be developed into a fully funded

21 permanent grant program for which each State may

22 apply.

23 (i) REGULATIONS.—The Secretary shall prescribe

24 such regulations as may be necessary to carry out this

25 section, including regulations, developed in consultation
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1 with the States, governing how to obtain the baseline data

2 described in subsection (b)(3).

3 (j) LIMITATIONS ON AUTHORIZATION OF APPROPRIA4 TIONS.—To carry out this section, there are authorized

5 to be appropriated to the Secretary not more than

6 $100,000,000 for each of fiscal years 2002 through 2006.

7 (k) DEFINITIONS.—In this section:

8 (1) CHILD WELFARE SERVICES.—The term

9 ‘‘child welfare services’’ has the meaning given the

10 term in section 425 of the Social Security Act.

11 (2) CHILD WELFARE AGENCY.—The term

12 ‘‘child welfare agency’’ means the State agency re13 sponsible for administering subpart 1 of part B of

14 title IV of the Social Security Act and any public or

15 private agency under contract with the State agency

16 to provide child welfare services.

17 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’

18 has the meaning given the term in section 4 of the

19 Indian Self-Determination and Education Assistance

20 Act.

21 (4) INSTITUTION OF HIGHER EDUCATION.—The

22 term ‘‘institution of higher education’’ has the

23 meaning given the term in section 101 of the Higher

24 Education Act of 1965.
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1 (5) STATE.—The term ‘‘State’’ has the mean2 ing given the term in section 1101(a)(1) of the So3 cial Security Act for purposes of title IV of such

4 Act, and includes an Indian tribe.

5 SEC. 5. LOAN FORGIVENESS FOR CHILD WELFARE WORK6 ERS.

7 (a) GUARANTEED STUDENT LOANS.—Part B of title

8 IV of the Higher Education Act of 1965 is amended by

9 inserting after section 428K (20 U.S.C. 1078–11) the fol10 lowing new section:

11 ‘‘SEC. 428L. LOAN FORGIVENESS FOR CHILD WELFARE

12 WORKERS.

13 ‘‘(a) PURPOSE.—It is the purpose of this section—

14 ‘‘(1) to bring more highly trained individuals

15 into the child welfare profession; and

16 ‘‘(2) to keep more highly trained child welfare

17 workers in the child welfare field for longer periods

18 of time.

19 ‘‘(b) DEFINITIONS.—In this section:

20 ‘‘(1) CHILD WELFARE SERVICES.—The term

21 ‘child welfare services’ has the meaning given the

22 term in section 425 of the Social Security Act.

23 ‘‘(2) DEGREE.—The term ‘degree’ means a

24 bachelor’s or graduate degree awarded by an institu25 tion of higher education.
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1 ‘‘(c) DEMONSTRATION PROGRAM.—

2 ‘‘(1) IN GENERAL.—The Secretary may carry

3 out a demonstration program of assuming the obli4 gation to repay, pursuant to subsection (d), a loan

5 made, insured, or guaranteed under this part or part

6 D (excluding loans made under sections 428B and

7 428C or comparable loans made under part D) for

8 any new borrower after the date of enactment of this

9 section, who—

10 ‘‘(A) completes a degree in social work or

11 related field with a focus on serving children

12 and families (as determined in accordance with

13 regulations prescribed by the Secretary);

14 ‘‘(B) obtains employment in public or pri15 vate child welfare services; and

16 ‘‘(C) has worked full time for the 2 con17 secutive years preceding the year for which the

18 determination is made as a child welfare work19 er.

20 ‘‘(2) AWARD BASIS; PRIORITY.—

21 ‘‘(A) AWARD BASIS.—Subject to subpara22 graph (B), loan repayment under this section

23 shall be on a first-come, first-served basis and

24 subject to the availability of appropriations.
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1 ‘‘(B) PRIORITY.—The Secretary shall give

2 priority in providing loan repayment under this

3 section for a fiscal year to student borrowers

4 who received loan repayment under this section

5 for the preceding fiscal year.

6 ‘‘(3) REGULATIONS.—The Secretary is author7 ized to prescribe such regulations as may be nec8 essary to carry out the provisions of this section.

9 ‘‘(d) LOAN REPAYMENT.—

10 ‘‘(1) IN GENERAL.—The Secretary shall assume

11 the obligation to repay—

12 ‘‘(A) after the second consecutive year of

13 employment described in subparagraphs (B)

14 and (C) of subsection (c)(1), 20 percent of the

15 total amount of all loans made after date of en16 actment of the Higher Education Amendments

17 of 1998, to a student under this part or part

18 D;

19 ‘‘(B) after the third consecutive year of

20 such employment, 20 percent of the total

21 amount of all such loans; and

22 ‘‘(C) after each of the fourth and fifth con23 secutive years of such employment, 30 percent

24 of the total amount of all such loans.
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1 ‘‘(2) CONSTRUCTION.—Nothing in this section

2 shall be construed to authorize the refunding of any

3 repayment of a loan made under this part or part

4 D.

5 ‘‘(3) INTEREST.—If a portion of a loan is re6 paid by the Secretary under this section for any

7 year, the proportionate amount of interest on such

8 loan which accrues for such year shall be repaid by

9 the Secretary.

10 ‘‘(4) SPECIAL RULE.—In the case where a stu11 dent borrower who is not participating in loan repay12 ment pursuant to this section returns to an institu13 tion of higher education after graduation from an in14 stitution of higher education for the purpose of ob15 taining a degree described in subsection (c)(1)(A),

16 the Secretary is authorized to assume the obligation

17 to repay the total amount of loans made under this

18 part or part D incurred for a maximum of two aca19 demic years in returning to an institution of higher

20 education for the purpose of obtaining such a de21 gree. Such loans shall only be repaid for borrowers

22 who qualify for loan repayment pursuant to the pro23 visions of this section, and shall be repaid in accord24 ance with the provisions of paragraph (1).
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1 ‘‘(5) INELIGIBILITY OF NATIONAL SERVICE

2 AWARD RECIPIENTS.—No student borrower may, for

3 the same service, receive a benefit under both this

4 section and subtitle D of title I of the National and

5 Community Service Act of 1990 (42 U.S.C. 12601

6 et seq.).

7 ‘‘(e) REPAYMENT TO ELIGIBLE LENDERS.—The Sec8 retary shall pay to each eligible lender or holder for each

9 fiscal year an amount equal to the aggregate amount of

10 loans which are subject to repayment pursuant to this sec11 tion for such year.

12 ‘‘(f) APPLICATION FOR REPAYMENT.—

13 ‘‘(1) IN GENERAL.—Each eligible individual de14 siring loan repayment under this section shall sub15 mit a complete and accurate application to the Sec16 retary at such time, in such manner, and containing

17 such information as the Secretary may require.

18 ‘‘(2) CONDITIONS.—An eligible individual may

19 apply for loan repayment under this section after

20 completing each year of qualifying employment. The

21 borrower shall receive forbearance while engaged in

22 qualifying employment unless the borrower is in

23 deferment while so engaged.

24 ‘‘(g) EVALUATION.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall con2 duct, by grant or contract, an independent national

3 evaluation of the impact of the demonstration pro4 gram assisted under this section on the field of child

5 welfare services.

6 ‘‘(2) COMPETITIVE BASIS.—The grant or con7 tract described in subsection (b) shall be awarded on

8 a competitive basis.

9 ‘‘(3) CONTENTS.—The evaluation described in

10 this subsection shall determine—

11 ‘‘(A) whether the program has increased

12 child welfare workers’ education in the areas

13 covered by loan forgiveness;

14 ‘‘(B) whether the loan forgiveness program

15 has contributed to increased time on the job for

16 child welfare workers as measured by (i) the

17 length of time child welfare workers receiving

18 loan forgiveness have worked in the child wel19 fare field; and (ii) the length of time such work20 ers are continuing to work in such field after

21 they have met the requirements of the loan for22 giveness programs;

23 ‘‘(C) whether the program has increased

24 the experience and the quality of child welfare

25 workers and has contributed to increased per-
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1 formance in the outcomes of child welfare serv2 ices in terms of child well-being, permanency,

3 and safety, as determined after consultation

4 with the Secretary of Health and Human Serv5 ices.

6 ‘‘(4) INTERIM AND FINAL EVALUATION RE7 PORTS.—The Secretary shall prepare and submit to

8 the President and the Congress such interim reports

9 regarding the evaluation described in this subsection

10 as the Secretary deems appropriate, and shall pre11 pare and so submit a final report regarding the eval12 uation by September 30, 2005.

13 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

14 are authorized to be appropriated to carry out this section

15 $10,000,000 for fiscal year 2001, and such sums as may

16 be necessary for each of the 4 succeeding fiscal years.’’.

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