I

107TH CONGRESS

1ST SESSION H. R. 1909

To amend part B of title IV of the Social Security Act to create a grant

program to promote joint activities among Federal, State, and local

public child welfare and alcohol and drug abuse prevention and treatment

agencies.

IN THE HOUSE OF REPRESENTATIVES

MAY 17, 2001

Mr. RANGEL (for himself, Mr. CARDIN, Mr. COYNE, Mr. MCNULTY, Mrs.

THURMAN, and Mr. STARK) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To amend part B of title IV of the Social Security Act

to create a grant program to promote joint activities

among Federal, State, and local public child welfare and

alcohol and drug abuse prevention and treatment agencies.

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/Alco5 hol and Drug Partnership Act of 2001’’.
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1 SEC. 2. CHILD PROTECTION/ALCOHOL AND DRUG PART2 NERSHIPS FOR CHILDREN.

3 Part B of title IV of the Social Security Act (42

4 U.S.C. 620 et seq.) is amended by adding at the end the

5 following:

6 ‘‘Subpart 3—Child Protection/Alcohol and Drug

7 Partnerships For Children

8 ‘‘SEC. 440. DEFINITIONS.

9 ‘‘In this subpart:

10 ‘‘(1) ALASKA NATIVE ORGANIZATION.—The

11 term ‘Alaska Native Organization’ means any orga12 nized group of Alaska Natives eligible to operate a

13 Federal program under the Indian Self-Determina14 tion Act (25 U.S.C. 450f et seq.) or such group’s

15 designee.

16 ‘‘(2) ADMINISTRATIVE COSTS.—

17 ‘‘(A) IN GENERAL.—The term ‘administra18 tive costs’ means the costs for the general ad19 ministration of administrative activities, includ20 ing contract costs and all overhead costs.

21 ‘‘(B) EXCLUSION.—Such term does not in22 clude the direct costs of providing services and

23 costs related to case management, training,

24 technical assistance, evaluation, establishment,

25 and operation of information systems, and such
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1 other similar costs that are also an integral

2 part of service delivery.

3 ‘‘(3) ELIGIBLE STATE.—The term ‘eligible

4 State’ means a State that submits a joint applica5 tion from the State agencies that—

6 ‘‘(A) includes a plan that meets the re7 quirements of section 442; and

8 ‘‘(B) is approved by the Secretary for a 5-

9 year period after consultation with the Assist10 ant Secretary for the Administration for Chil11 dren and Families and the Administrator of the

12 Substance Abuse and Mental Health Services

13 Administration.

14 ‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’

15 means any Indian tribe, band, Nation or other orga16 nized group or community of Indians, including any

17 Alaska Native Organization, that is recognized as el18 igible for the special programs and services provided

19 by the United States to Indians because of their sta20 tus as Indians.

21 ‘‘(5) STATE.—

22 ‘‘(A) IN GENERAL.—The term ‘State’

23 means each of the 50 States, the District of Co24 lumbia, and the territories described in sub25 paragraph (B).
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1 ‘‘(B) TERRITORIES.—

2 ‘‘(i) IN GENERAL.—The territories de3 scribed in this subparagraph are Puerto

4 Rico, Guam, the United States Virgin Is5 lands, American Samoa, and the Northern

6 Mariana Islands.

7 ‘‘(ii) AUTHORITY TO MODIFY RE8 QUIREMENTS.—The Secretary may modify

9 the requirements of this subpart with re10 spect to a territory described in clause (i)

11 to the extent necessary to allow such a ter12 ritory to conduct activities through funds

13 provided under a grant made under this

14 subpart.

15 ‘‘(6) STATE AGENCIES.—The term ‘State agen16 cies’ means the State child welfare agency and the

17 unit of State government responsible for the admin18 istration of the substance abuse prevention and

19 treatment block grant provided under subpart II of

20 part B of title XIX of the Public Health Service Act

21 (42 U.S.C. 300x–21 et seq.).

22 ‘‘(7) TRIBAL ORGANIZATION.—The term ‘tribal

23 organization’ means the recognized governing body

24 of an Indian tribe.
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1 ‘‘SEC. 441. GRANTS TO PROMOTE CHILD PROTECTION/AL2 COHOL AND DRUG PARTNERSHIPS FOR CHIL3 DREN.

4 ‘‘(a) AUTHORITY TO AWARD GRANTS.—The Sec5 retary may award grants to eligible States and directly

6 to Indian tribes in accordance with the requirements of

7 this subpart for the purpose of promoting joint activities

8 among Federal, State, and local public child welfare and

9 alcohol and drug abuse prevention and treatment agencies

10 (and among child welfare and alcohol and drug abuse pre11 vention and treatment agencies that are providing services

12 to children in Indian tribes) that focus on families with

13 alcohol or drug abuse problems who come to the attention

14 of the child welfare system and are designed to—

15 ‘‘(1) increase the capacity of both the child wel16 fare system and the alcohol and drug abuse preven17 tion and treatment system to address comprehen18 sively and in a timely manner the needs of such fam19 ilies to improve child safety, family stability, and

20 permanence; and

21 ‘‘(2) promote recovery from alcohol and drug

22 abuse problems.

23 ‘‘(b) NOTIFICATION.—Not later than 60 days after

24 the date a joint application is submitted by the State agen25 cies or an application is submitted by an Indian tribe, the
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1 Secretary shall notify a State or Indian tribe that the ap2 plication has been approved or disapproved.

3 ‘‘SEC. 442. PLAN REQUIREMENTS.

4 ‘‘(a) CONTENTS.—Subject to subsection (c), the plan

5 shall contain the following:

6 ‘‘(1) A detailed description of how the State

7 agencies will work jointly to implement a range of

8 activities to meet the alcohol and drug abuse preven9 tion and treatment needs of families who come to

10 the attention of the child welfare system and to pro11 mote child safety, permanence, and family stability.

12 ‘‘(2) An assurance that the heads of the State

13 agencies shall jointly administer the grant program

14 funded under this subpart and a description of how

15 they will do so.

16 ‘‘(3) A description of the nature and extent of

17 the problem of alcohol and drug abuse among fami18 lies who come to the attention of the child welfare

19 system in the State, and of any plans being imple20 mented to further identify and assess the extent of

21 the problem.

22 ‘‘(4) A description of any joint activities already

23 being undertaken by the State agencies in the State

24 on behalf of families with alcohol and drug abuse

25 problems who come to the attention of the child wel-
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1 fare system (including any existing data on the im2 pact of such joint activities) such as activities relat3 ing to—

4 ‘‘(A) the appropriate screening and assess5 ment of cases;

6 ‘‘(B) consultation on cases involving alco7 hol and drug abuse;

8 ‘‘(C) arrangements for addressing con9 fidentiality and sharing of information;

10 ‘‘(D) cross training of staff;

11 ‘‘(E) co-location of services;

12 ‘‘(F) support for comprehensive treatment

13 programs for parents and their children; and

14 ‘‘(G) establishing priority of child welfare

15 families for assessment or treatment.

16 ‘‘(5)(A) A description of the joint activities to

17 be funded in whole or in part with the funds pro18 vided under the grant, including the sequencing of

19 the activities proposed to be conducted under the 5-

20 year funding cycle and the goals to be achieved dur21 ing such funding cycle. The activities and goals shall

22 be designed to improve the capacity of the State

23 agencies to work jointly to improve child safety, fam24 ily stability, and permanence for children whose fam25 ilies come to the attention of the child welfare sys-
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1 tem and to promote their parents’ recovery from al2 cohol and drug abuse.

3 ‘‘(B) The description shall include a statement

4 as to why the State agencies chose the specified ac5 tivities and goals.

6 ‘‘(6) A description as to whether and how the

7 joint activities described in paragraph (5), and other

8 related activities funded with Federal funds, will ad9 dress some or all of the following practices and pro10 cedures:

11 ‘‘(A) Practices and procedures designed to

12 appropriately—

13 ‘‘(i) identify alcohol and drug treat14 ment needs;

15 ‘‘(ii) assess such needs;

16 ‘‘(iii) assess risks to the safety of a

17 child and the need for permanency with re18 spect to the placement of a child;

19 ‘‘(iv) enroll families in appropriate

20 services and treatment in their commu21 nities; and

22 ‘‘(v) regularly assess the progress of

23 families receiving such treatment.

24 ‘‘(B) Practices and procedures designed to

25 provide comprehensive and timely individualized
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1 alcohol and drug abuse prevention and treat2 ment services for families who come to the at3 tention of the child welfare system that include

4 a range of options that are available, accessible,

5 and appropriate, and that may include the fol6 lowing components:

7 ‘‘(i) Preventive and early intervention

8 services for children of parents with alcohol

9 and drug abuse problems that integrate al10 cohol and drug abuse prevention services

11 with mental health and domestic violence

12 services, and that recognize the mental,

13 emotional, and developmental problems the

14 children may experience.

15 ‘‘(ii) Prevention and early intervention

16 services for parents at risk for alcohol and

17 drug abuse problems.

18 ‘‘(iii) Comprehensive home-based, out19 patient, and residential treatment options.

20 ‘‘(iv) After-care support (both formal

21 and informal) for families in recovery that

22 promotes child safety and family stability.

23 ‘‘(v) Services and supports that focus

24 on parents, parents with their children,
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1 parents’ children, other family members,

2 and parent-child interaction.

3 ‘‘(C) Elimination of existing barriers to

4 treatment and to child safety and permanence,

5 such as difficulties in sharing information

6 among agencies and differences between the

7 values and treatment protocols of the different

8 agencies.

9 ‘‘(D) Effective engagement and retention

10 strategies.

11 ‘‘(E) Pre-service and in-service joint train12 ing of management and staff of child welfare

13 and alcohol and drug abuse prevention and

14 treatment agencies, and, where appropriate,

15 judges and other court staff, to—

16 ‘‘(i) increase such individuals’ aware17 ness and understanding of alcohol and

18 drug abuse and related child abuse and ne19 glect;

20 ‘‘(ii) more accurately identify and

21 screen alcohol and drug abuse and child

22 abuse in families;

23 ‘‘(iii) improve assessment skills of

24 both child abuse and alcohol and drug
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1 abuse staff, including skills to assess risk

2 to children’s safety;

3 ‘‘(iv) increase staff knowledge of the

4 services and resources that are available in

5 such individuals’ communities and appro6 priate for such families; and

7 ‘‘(v) increase awareness of the impor8 tance of permanence for children and the

9 timelines for decisionmaking regarding per10 manence in the child welfare system.

11 ‘‘(F) Progress in enhancing the abilities of

12 the State agencies to improve the data systems

13 of such agencies in order to monitor the

14 progress of families, evaluate service and treat15 ment outcomes, and determine which ap16 proaches and activities are most effective.

17 ‘‘(G) Evaluation strategies to demonstrate

18 the effectiveness of treatment and identify the

19 aspects of treatment that have the greatest im20 pact on families in different circumstances.

21 ‘‘(H) Training and technical assistance to

22 increase the capacity within the State to carry

23 out 1 or more of the activities described in this

24 paragraph or related activities that are designed

25 to expand prevention and treatment services
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1 for, and staff training to assist families with al2 cohol and drug abuse problems who come to the

3 attention of the child welfare system.

4 ‘‘(7) A description of the jurisdictions in the

5 State (including whether such jurisdictions are

6 urban, suburban, or rural) where the joint activities

7 will be provided, and the plans for expanding such

8 activities to other parts of the State during the 5-

9 year funding cycle.

10 ‘‘(8) A description of the methods to be used in

11 measuring progress toward the goals identified

12 under paragraph (5), including how the State agen13 cies will jointly measure their performance in accord14 ance with section 445, and how remaining barriers

15 to meeting the needs of families with alcohol or drug

16 abuse problems who come to the attention of the

17 child welfare system will be assessed.

18 ‘‘(9) A description of what input was obtained

19 in the development of the plan and the joint applica20 tion from each of the following groups of individuals,

21 and the manner in which each will continue to be in22 volved in the proposed joint activities:

23 ‘‘(A) Staff who provide alcohol and drug

24 abuse prevention and treatment and related
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1 services to families who come to the attention

2 of the child welfare system.

3 ‘‘(B) Advocates for children and parents

4 who come to the attention of the child welfare

5 and alcohol and drug abuse prevention and

6 treatment systems.

7 ‘‘(C) Consumers of both child welfare and

8 alcohol and drug abuse prevention and treat9 ment services.

10 ‘‘(D) Direct service staff and supervisors

11 from public and private child welfare and alco12 hol and drug abuse prevention and treatment

13 agencies.

14 ‘‘(E) Judges and court staff.

15 ‘‘(F) Representatives of the State agencies

16 and private providers providing health, mental

17 health, domestic violence, housing, education,

18 and employment services.

19 ‘‘(G) A representative of the State agency

20 in charge of administering the temporary assist21 ance to needy families program funded under

22 part A of this title.

23 ‘‘(10) An assurance of the coordination, to the

24 extent feasible and appropriate, of the activities

25 funded under a grant made under this subpart with
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1 the services or benefits provided under other Federal

2 or federally assisted programs that serve families

3 with alcohol and drug abuse problems who come to

4 the attention of the child welfare system, including

5 health, mental health, domestic violence, housing,

6 and employment programs, the temporary assistance

7 to needy families program funded under part A of

8 this title, other child welfare and alcohol and drug

9 abuse prevention and treatment programs, and the

10 courts.

11 ‘‘(11) An assurance that not more than 10 per12 cent of expenditures under the plan for any fiscal

13 year shall be for administrative costs.

14 ‘‘(12) An assurance that alcohol and drug

15 treatment services provided at least in part with

16 funds provided under a grant made under this sub17 part shall be licensed, certified, or otherwise ap18 proved by the appropriate State alcohol and drug

19 abuse agencies, or in the case of an Indian tribe, by

20 a State alcohol and drug abuse agency, the Indian

21 Health Service, or other designated licensing agency.

22 ‘‘(13) An assurance that Federal funds pro23 vided to the State under a grant made under this

24 subpart will not be used to supplant Federal or non25 Federal funds for services and activities provided as
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1 of the date of the submission of the plan that assist

2 families with alcohol and drug abuse problems who

3 come to the attention of the child welfare system.

4 ‘‘(b) AMENDMENTS.—

5 ‘‘(1) IN GENERAL.—An eligible State or Indian

6 tribe may amend, in whole or in part, its plan at any

7 time through transmittal of a plan amendment.

8 ‘‘(2) 60-DAY APPROVAL DEADLINE.—A plan

9 amendment is considered approved unless the Sec10 retary notifies an eligible State or Indian tribe in

11 writing, within 60 days after receipt of the amend12 ment, that the amendment is disapproved (and the

13 reasons for disapproval) or that specified additional

14 information is needed.

15 ‘‘(c) REQUIREMENTS FOR APPLICATIONS BY INDIAN

16 TRIBES.—

17 ‘‘(1) IN GENERAL.—In order to be eligible for

18 a grant made under this subpart, an Indian tribe

19 shall—

20 ‘‘(A) submit a plan to the Secretary that

21 describes—

22 ‘‘(i) the activities the tribe will under23 take with both child welfare and alcohol

24 and drug agencies that serve the tribe’s

25 children to address the needs of families
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1 who come to the attention of the child wel2 fare agencies and have alcohol and drug

3 problems; and

4 ‘‘(ii) whether and how such activities

5 address any of the practice and policy

6 areas in subsection (a)(6); and

7 ‘‘(B) subject to paragraph (2), meet the

8 other requirements of subsection (a) unless,

9 with respect to a specific requirement of such

10 subsection, the Secretary determines that it

11 would be inappropriate to apply such require12 ment to an Indian tribe, taking into account the

13 resources, needs, and other circumstances of

14 the Indian tribe.

15 ‘‘(2) ADMINISTRATIVE COSTS; USE OF FEDERAL

16 FUNDS.—Paragraphs (11) and (13) of subsection

17 (a) shall not apply to a plan submitted by an Indian

18 tribe. The indirect cost rate agreement in effect for

19 an Indian tribe shall apply with respect to adminis20 trative costs under the tribe’s plan.

21 ‘‘(3) AUTHORITY FOR INTERTRIBAL CONSOR22 TIUM.—The participating Indian tribes of an inter23 tribal consortium may develop and submit a single

24 plan that meets the applicable requirements of sub-
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1 section (a) (as so determined by the Secretary) and

2 paragraph (1) of this subsection.

3 ‘‘SEC. 443. APPROPRIATION OF FUNDS.

4 ‘‘(a) APPROPRIATIONS.—For the purpose of pro5 viding allotments to eligible States and Indian tribes under

6 this subpart and research and training under subsection

7 (b)(3), there is appropriated out of any money in the

8 Treasury not otherwise appropriated—

9 ‘‘(1) for fiscal year 2002, $200,000,000;

10 ‘‘(2) for fiscal year 2003, $275,000,000;

11 ‘‘(3) for fiscal year 2004, $375,000,000;

12 ‘‘(4) for fiscal year 2005, $475,000,000; and

13 ‘‘(5) for fiscal year 2006, $575,000,000.

14 ‘‘(b) RESERVATION OF FUNDS.—With respect to a

15 fiscal year:

16 ‘‘(1) TERRITORIES.—The Secretary shall re17 serve 2 percent of the amount appropriated under

18 subsection (a) for such fiscal year for payments to

19 Puerto Rico, Guam, the United States Virgin Is20 lands, American Samoa, and the Northern Mariana

21 Islands.

22 ‘‘(2) INDIAN TRIBES.—The Secretary shall re23 serve not less than 3 nor more than 5 percent of the

24 amount appropriated under subsection (a) for such

25 fiscal year for direct payments to Indian tribes and
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1 Indian tribal organizations for activities intended to

2 increase the capacity of the Indian tribes and tribal

3 organizations to expand treatment, services, and

4 training to assist families with alcohol and drug

5 abuse problems who come to the attention of the

6 child welfare agencies.

7 ‘‘(3) RESEARCH AND TRAINING.—

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), the Secretary shall reserve 1 percent

10 of the amount appropriated under subsection

11 (a) for such fiscal year for practice-based re12 search on the effectiveness of various ap13 proaches for the screening, assessment, engage14 ment, treatment, retention, and monitoring of

15 families with alcohol and drug abuse problems

16 who come to the attention of the child welfare

17 system, and for training of staff in such areas

18 and shall ensure that a portion of such amount

19 is used for research on the effectiveness of these

20 approaches for Indian children and for the

21 training of staff serving children from the In22 dian tribes.

23 ‘‘(B) DETERMINATION OF USE OF

24 FUNDS.—Funds reserved under subparagraph

25 (A) may only be used to carry out a research
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1 agenda that addresses the areas described in

2 such subparagraph and that is established by

3 the Secretary, together with the Assistant Sec4 retary for the Administration for Children and

5 Families and the Administrator of Substance

6 Abuse and Mental Health Services Administra7 tion, with input from public and private non8 profit providers, consumers, representatives of

9 Indian tribes, and advocates, as well as others

10 with expertise in research in such areas.

11 ‘‘SEC. 444. PAYMENTS TO ELIGIBLE STATES AND INDIAN

12 TRIBES.

13 ‘‘(a) AMOUNT OF GRANT.—

14 ‘‘(1) ELIGIBLE STATES OTHER THAN TERRI15 TORIES.—

16 ‘‘(A) IN GENERAL.—From the amount ap17 propriated under subsection (a) of section 443

18 for a fiscal year, after the reservation of funds

19 required under subsection (b) of that section for

20 the fiscal year and subject to subparagraphs

21 (B) and (C), the Secretary shall pay to each eli22 gible State (after the Secretary has determined

23 that the State has satisfied the matching re24 quirement under subsection (b)) an amount

25 that bears the same ratio to such amount for
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1 such fiscal year as the number of children

2 under the age of 18 that reside in the eligible

3 State bears to the total number of children

4 under the age of 18 who reside in all such eligi5 ble States for such fiscal year.

6 ‘‘(B) MINIMUM ALLOTMENT.—In no case

7 shall the amount of a payment to an eligible

8 State for a fiscal year be less than an amount

9 equal to 0.5 percent of the amount appropriated

10 under subsection (a) of section 443 for the fis11 cal year, after the reservation of funds required

12 under subsection (b) of that section.

13 ‘‘(C) PRO RATA REDUCTIONS.—The Sec14 retary shall make pro rata reductions in the

15 amounts of the allotments determined under

16 subparagraph (A) for a fiscal year to the extent

17 necessary to comply with subparagraph (B).

18 ‘‘(2) TERRITORIES.—From the amounts re19 served under section 443(b)(1) for a fiscal year, the

20 Secretary shall pay to each territory described in

21 section 440(5)(B) with an approved plan that meets

22 the requirements of section 442 (after the Secretary

23 has determined that the territory has satisfied the

24 matching requirement under subsection (b)) an

25 amount that bears the same ratio to such amount
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1 for such fiscal year as the number of children under

2 the age of 18 that reside in the territory bears to

3 the total number of children under the age of 18

4 who reside in all such territories for such fiscal year.

5 ‘‘(3) INDIAN TRIBES OR TRIBAL ORGANIZA6 TIONS.—From the amount reserved under section

7 443(b)(2) for a fiscal year, the Secretary shall pay

8 to each Indian tribe with an approved plan that

9 meets the requirements of section 442(c) (after the

10 Secretary has determined that the Indian tribe has

11 satisfied the matching requirement under subsection

12 (b)) an amount that bears the same ratio to such re13 served amount for such fiscal year as the number of

14 children under the age of 18 in the Indian tribe

15 bears to the total number of children under the age

16 of 18 in all Indian tribes with plans so approved for

17 such fiscal year, as determined by the Secretary on

18 the basis of the most current and reliable informa19 tion available to the Secretary. For purposes of mak20 ing the allocations required under the preceding sen21 tence, an Indian tribe may submit data and other in22 formation that it has on the number of Indian chil23 dren under the age of 18 for consideration by the

24 Secretary.

25 ‘‘(b) MATCHING REQUIREMENT.—
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1 ‘‘(1) IN GENERAL.—In order to receive a grant

2 under this subpart for a fiscal year, an eligible State

3 or Indian tribe shall provide through non-Federal

4 contributions the applicable percentage determined

5 under paragraph (2) for such fiscal year of the costs

6 of conducting activities funded in whole or in part

7 with funds provided under the grant. Such contribu8 tions shall be paid jointly by the State agencies, in

9 the case of an eligible State, or by an Indian tribe.

10 ‘‘(2) APPLICABLE PERCENTAGE.—For purposes

11 of paragraph (1), the applicable percentage for an

12 eligible State or Indian tribe for a fiscal year is—

13 ‘‘(A) 15 percent, in the case of fiscal years

14 2002 and 2003;

15 ‘‘(B) 20 percent, in the case of fiscal years

16 2004 and 2005; and

17 ‘‘(C) 25 percent, in the case of fiscal year

18 2006.

19 ‘‘(3) SOURCE OF MATCH.—

20 ‘‘(A) ELIGIBLE STATES.—The non-Federal

21 contributions required of an eligible State under

22 this subsection may be in cash or in kind, fairly

23 evaluated, including plant, equipment, or serv24 ices. The contributions may be made directly or

25 through donations from public or private enti-
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1 ties. Amounts provided by the Federal Govern2 ment, or services assisted or subsidized to any

3 significant extent by the Federal Government

4 may not be included in determining whether an

5 eligible State has provided the applicable per6 centage of such contributions for a fiscal year.

7 ‘‘(B) INDIAN TRIBES.—With respect to an

8 Indian tribe, such contributions may be made in

9 cash, through donated funds, through non-pub10 lic third party in kind contributions, or from

11 Federal funds received under any of the fol12 lowing provisions of law:

13 ‘‘(i) The Indian Child Welfare Act of

14 1978 (25 U.S.C. 1901 et seq.).

15 ‘‘(ii) The Indian Self-Determination

16 and Education Assistance Act (25 U.S.C.

17 450b et seq.).

18 ‘‘(iii) Title I of the Housing and Com19 munity Development Act of 1974 (42

20 U.S.C. 5301 et seq.).

21 ‘‘(4) WAIVER.—

22 ‘‘(A) ELIGIBLE STATES.—In the case of an

23 eligible State, the Secretary, after consultation

24 with the Assistant Secretary for the Adminis25 tration for Children and Families and the Ad-
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1 ministrator of the Substance Abuse and Mental

2 Health Services Administration, may modify the

3 applicable percentage determined under para4 graph (2) for matching funds if the Secretary

5 determines that economic conditions in the eli6 gible State justify making such modification.

7 ‘‘(B) INDIAN TRIBES.—In the case of an

8 Indian tribe, the Secretary may modify the ap9 plicable percentage determined under such

10 paragraph if the Secretary determines that it

11 would be inappropriate to apply to the Indian

12 tribe, taking into the resources and needs of the

13 tribe and the amount of funds the tribe would

14 receive under a grant made under this section.

15 ‘‘(c) USE OF FUNDS.—Funds provided under a grant

16 made under this subpart may only be used to carry out

17 activities specified in the plan, as approved by the Sec18 retary.

19 ‘‘(d) DEADLINE FOR REQUEST FOR PAYMENT.—An

20 eligible State or Indian tribe shall apply to be paid funds

21 under a grant made under this subpart not later than the

22 beginning of the fourth quarter of a fiscal year or such

23 funds shall be reallotted under subsection (f).

24 ‘‘(e) CARRYOVER OF FUNDS.—Funds paid to an eli25 gible State or Indian tribe under a grant made under this
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1 subpart for a fiscal year may be expended in that fiscal

2 year or the succeeding fiscal year.

3 ‘‘(f) REALLOTMENT OF FUNDS.—

4 ‘‘(1) ELIGIBLE STATES.—In the case of an eli5 gible State that does not apply for funds allotted to

6 the eligible State under a grant made under this

7 subpart for a fiscal year within the time provided

8 under subsection (d), or that does not expend such

9 funds during the time provided under subsection (e),

10 the funds which the eligible State would have been

11 entitled to for such fiscal year shall be reallotted to

12 1 or more other eligible States on the basis of each

13 such State’s relative need for additional payments,

14 as determined by the Secretary, after consultation

15 with the Assistant Secretary for the Administration

16 for Children and Families and the Administrator of

17 the Substance Abuse and Mental Health Services

18 Administration.

19 ‘‘(2) INDIAN TRIBES.—In the case of an Indian

20 tribe that does not expend funds allotted to the tribe

21 during the time provided under subsection (e), the

22 funds to which the Indian tribe would have been en23 titled to for such fiscal year shall be reallotted to the

24 remaining Indian tribes that are implementing ap25 proved plans in amounts that are proportional to the
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1 percentage of Indian children under the age of 18 in

2 each such tribe.

3 ‘‘SEC. 445. PERFORMANCE ACCOUNTABILITY; REPORTS

4 AND EVALUATIONS.

5 ‘‘(a) PERFORMANCE MEASUREMENT.—

6 ‘‘(1) ESTABLISHMENT OF INDICATORS.—The

7 Secretary, in consultation with the Assistant Sec8 retary for the Administration for Children and Fam9 ilies, the Administrator of the Substance Abuse and

10 Mental Health Services Administration, Chief Exec11 utive Officers of a State or Territory, State legisla12 tors, State and local public officials responsible for

13 administering child welfare and alcohol and drug

14 abuse prevention and treatment programs, court

15 staff, consumers of the services, and advocates for

16 children and parents who come to the attention of

17 the child welfare system, shall, within 12 months of

18 the date of enactment of the Child Protection/Alco19 hol and Drug Partnership Act of 2001, establish in20 dicators that will be used to assess periodically the

21 performance of eligible States and Indian tribes in

22 using grant funds provided under this subpart to

23 promote child safety, permanence, and well-being

24 and recovery in families who come to the attention

25 of the child welfare system.
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1 ‘‘(2) COORDINATION.—The indicators estab2 lished under paragraph (1) shall be based on and co3 ordinated with the performance outcomes established

4 for the child welfare system pursuant to section

5 203(b) of the Adoption and Safe Families Act of

6 1997 and the performance measures developed

7 under subpart II of part B of title XIX of the Public

8 Health Service Act (relating to the substance abuse

9 prevention and treatment block grant).

10 ‘‘(3) PURPOSE.—The indicators will be used to

11 measure periodically the progress made by the State

12 agencies and by child welfare and alcohol and drug

13 abuse prevention and treatment agencies serving

14 children in Indian tribes in the activities that such

15 agencies jointly engage in with such grant funds. An

16 eligible State or Indian tribe will be measured

17 against itself, assessing progress over time against a

18 baseline established at the time the grant activities

19 were undertaken.

20 ‘‘(4) ILLUSTRATIVE EXAMPLES.—The indica21 tors developed should address the range of activities

22 that eligible States and Indian tribes have the option

23 of engaging in with such grant funds. Examples of

24 the types of progress to be measured in the different

25 areas of activity include the following:
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1 ‘‘(A) Improving the screening and assess2 ment of families who come to the attention of

3 the child welfare system with alcohol and drug

4 problems, so such families can be promptly re5 ferred for appropriate treatment when nec6 essary.

7 ‘‘(B) Increasing the availability of com8 prehensive and timely individualized treatment

9 for families with alcohol and drug problems who

10 come to the attention of the child welfare sys11 tem.

12 ‘‘(C) Increasing the number or proportion

13 of families who, when they come to the atten14 tion of the child welfare system with alcohol

15 and drug problems, promptly enter appropriate

16 treatment.

17 ‘‘(D) Increasing the engagement and re18 tention in treatment of families with alcohol

19 and drug problems who come to the attention

20 of the child welfare system.

21 ‘‘(E) Decreasing the number of children

22 who re-enter foster care after being returned to

23 families who had alcohol or drug problems when

24 the children entered foster care.
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1 ‘‘(F) Increasing the number or proportion

2 of staff in both the public child welfare and al3 cohol and drug abuse prevention and treatment

4 agencies who have received training on the

5 needs of families that come to the attention of

6 the child welfare and alcohol and drug abuse

7 prevention and treatment systems for help, and

8 the help that can be provided to such families.

9 ‘‘(G) Increasing the proportion of parents

10 who complete treatment for alcohol or drug

11 abuse and show improvement in their pre-em12 ployment or employment status.

13 ‘‘(5) DETERMINATION OF PROGRESS.—

14 ‘‘(A) INITIAL REPORT.—Not later than the

15 end of the first fiscal year in which funds are

16 received under a grant made under this sub17 part, the State agencies in each eligible State

18 that receives such funds, and the Indian tribes

19 that receive such funds, shall submit to the Sec20 retary a report on the activities carried out dur21 ing the fiscal year with such funds. The report

22 shall contain such information as the Secretary

23 determines is necessary to provide an accurate

24 description of the activities conducted with such

25 funds and of any changes in the use of such
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1 funds that are planned for the succeeding fiscal

2 year.

3 ‘‘(B) USE OF INDICATORS.—As soon as

4 possible after the establishment of indicators

5 under paragraph (1), the State agencies and In6 dian tribes shall conduct evaluations, directly or

7 under contract, of their progress with respect to

8 such indicators that are directly related to ac9 tivities the eligible State or Indian tribe is en10 gaging in with such grant funds and include in11 formation on the evaluation in the reports to

12 the Secretary required under subparagraphs

13 (C) and (D). After the third year in which such

14 activities are conducted, an eligible State or In15 dian tribe shall include in the evaluation at

16 least some indicators that address improve17 ments in treatment for families with alcohol

18 and drug problems who come to the attention

19 of the child welfare system.

20 ‘‘(C) SUBSEQUENT REPORTS.—After the

21 initial report is submitted under subparagraph

22 (A), an eligible State or Indian tribe shall sub23 mit to the Secretary, not later than June 30 of

24 each fiscal year thereafter in which the State or

25 tribe carries out activities with grant funds pro-
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1 vided under this subpart, a report on the appli2 cation of the indicators established under para3 graph (1) to such activities. The reports shall

4 include an explanation regarding why the spe5 cific indicators used were chosen, how such in6 dicators are expected to impact a child’s safety,

7 permanence, well-being, and parental recovery,

8 and the results (as of the date of submission of

9 the report) of the evaluation conducted under

10 subparagraph (B).

11 ‘‘(D) FINAL REPORT.—Not later than Sep12 tember 30, 2006, each eligible State and Indian

13 tribe with an approved plan under this part

14 shall submit a final report on the evaluations

15 conducted under subparagraph (B) and the

16 progress made in achieving the goals specified

17 in the plan of the State or Indian tribe.

18 ‘‘(E) FAILURE TO REPORT.—

19 ‘‘(i) IN GENERAL.—Subject to clause

20 (ii), an eligible State or Indian tribe that

21 fails to submit the reports required under

22 this paragraph or to conduct the evalua23 tion required under subparagraph (B) shall

24 not be eligible to receive grant funds pro25 vided under this subpart for the fiscal year
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1 following the fiscal year in which such

2 State or Indian tribe failed to submit such

3 report or conduct such evaluation.

4 ‘‘(ii) CORRECTIVE ACTION.—An eligi5 ble State or Indian tribe to which clause

6 (i) applies may, notwithstanding such

7 clause, receive grant funds under this sub8 part for a succeeding fiscal year if prior to

9 September 30 of the fiscal year in which

10 such failure occurred, the State agencies of

11 the eligible State, or the Indian tribe, sub12 mit to the Secretary a plan to monitor and

13 evaluate in a timely manner the activities

14 conducted with such funds, and such plan

15 is approved in a timely manner by the Sec16 retary, after consultation with the Admin17 istration for Children and Families and the

18 Substance Abuse and Mental Health Serv19 ices Administration.

20 ‘‘(b) SECRETARIAL REPORTS AND EVALUATIONS.—

21 ‘‘(1) ANNUAL REPORTS.—On the basis of re22 ports submitted under subsection (a), the Secretary,

23 in consultation with the Assistant Secretary for the

24 Administration for Children and Families and the

25 Administrator of the Substance Abuse and Mental
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1 Health Services Administration, shall report annu2 ally, beginning on October 1, 2003, to the Com3 mittee on Ways and Means of the House of Rep4 resentatives and the Committee on Finance of the

5 Senate on the joint activities conducted with funds

6 provided under grants made under this subpart, the

7 indicators that have been established, and the

8 progress that has been made in addressing the needs

9 of families with alcohol and drug abuse problems

10 who come to the attention of the child welfare sys11 tem and in achieving the goals of child safety, per12 manence, and family stability.

13 ‘‘(2) EVALUATIONS.—Not later than 6 months

14 after the end of each 5-year funding cycle under this

15 subpart, the Secretary shall submit a report to the

16 committees described in paragraph (1) that summa17 rizes the results of the evaluations conducted by eli18 gible States and Indian tribes under subsection

19 (a)(5)(B), as reported by such States and Indian

20 tribes in accordance with subparagraphs (C) and

21 (D) of subsection (a)(5). The Secretary shall include

22 in the report required under this paragraph rec23 ommendations for further legislative or administra24 tive actions that are designed to assist children and
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1 families with alcohol and drug abuse problems who

2 come to the attention of the child welfare system.’’.

Æ