I 

112TH CONGRESS 

1ST SESSION H. R. 2790 

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

child and family services program through fiscal year 2016, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 2, 2011 

Mr. DAVIS of Kentucky (for himself and Mr. DOGGETT) 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 extend the child and family services program through 

fiscal year 2016, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Child and Family Serv5 ices Extension and Enhancement Act’’. 


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1 SEC. 2. EXTENSION OF STEPHANIE TUBBS JONES CHILD 

2 WELFARE SERVICES PROGRAM. 

3 (a) IN GENERAL.—Section 425 of the Social Security 

4 Act (42 U.S.C. 625) is amended by striking ‘‘2007 

5 through 2011’’ and inserting ‘‘2012 through 2016’’. 

6 (b) MODIFICATION OF CERTAIN STATE PLAN RE7 QUIREMENTS.— 

8 (1) RESPONSE TO EMOTIONAL TRAUMA.—Sec9 tion 422(b)(15)(A)(ii) of such Act (42 U.S.C. 

10 622(b)(15)(A)(ii)) is amended by inserting ‘‘, includ11 ing emotional trauma associated with a child’s mal12 treatment and removal from home’’ before the semi13 colon. 

14 (2) PROCEDURES ON THE USE OF PSYCHO15 TROPIC MEDICATIONS.—Section 422(b)(15)(A)(v) of 

16 such Act (42 U.S.C. 622(b)(15)(A)(v)) is amended 

17 by inserting ‘‘, including protocols for the appro18 priate use and monitoring of psychotropic medica19 tions’’ before the semicolon. 

20 (3) DESCRIPTION OF ACTIVITIES TO ADDRESS

21 DEVELOPMENTAL NEEDS OF VERY YOUNG CHIL22 DREN.—Section 422(b) of such Act (42 U.S.C. 

23 622(b)) is amended— 

24 (A) by striking ‘‘and’’ at the end of para25 graph (16); 


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

2 paragraph (17) and inserting ‘‘; and’’; and 

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

4 ‘‘(18) include a description of the activities that 

5 the State has undertaken to reduce the length of 

6 time children who have not attained 5 years of age 

7 are without a permanent family placement, and the 

8 activities the State undertakes to address the devel9 opmental needs of such children who receive benefits 

10 or services under this part or part E.’’. 

11 (c) CHILD VISITATION BY CASEWORKERS.—Section 

12 424 of such Act (42 U.S.C. 624) is amended by striking 

13 the 2nd subsection (e), as added by section 7(b) of the 

14 Child and Family Services Improvement Act of 2006, and 

15 inserting the following: 

16 ‘‘(f)(1)(A) Each State shall take such steps as are 

17 necessary to ensure that the total number of visits made 

18 by caseworkers on a monthly basis to children in foster 

19 care under the responsibility of the State during a fiscal 

20 year is not less than 90 percent of the total number of 

21 such visits that would occur during the fiscal year if each 

22 such child were so visited once every month while in such 

23 care. 

24 ‘‘(B) If the Secretary determines that a State has 

25 failed to comply with subparagraph (A) for a fiscal year, 


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1 then the percentage that would otherwise apply for pur2 poses of subsection (a) for the fiscal year shall be reduced 

3 by— 

4 ‘‘(i) 1, if the number of full percentage points 

5 by which the State fell short of the percentage speci6 fied in subparagraph (A) is less than 10; 

7 ‘‘(ii) 3, if the number of full percentage points 

8 by which the State fell short, as described in clause 

9 (i), is not less than 10 and less than 20; or 

10 ‘‘(iii) 5, if the number of full percentage points 

11 by which the State fell short, as described in clause 

12 (i), is not less than 20. 

13 ‘‘(2)(A) Each State shall take such steps as are nec14 essary to ensure that not less than 50 percent of the total 

15 number of visits made by caseworkers to children in foster 

16 care under the responsibility of the State during a fiscal 

17 year occur in the residence of the child involved. 

18 ‘‘(B) If the Secretary determines that a State has 

19 failed to comply with subparagraph (A) for a fiscal year, 

20 then the percentage that would otherwise apply for pur21 poses of subsection (a) for the fiscal year shall be reduced 

22 by— 

23 ‘‘(i) 1, if the number of full percentage points 

24 by which the State fell short of the percentage speci25 fied in subparagraph (A) is less than 10; 


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1 ‘‘(ii) 3, if the number of full percentage points 

2 by which the State fell short, as described in clause 

3 (i), is not less than 10 and less than 20; or 

4 ‘‘(iii) 5, if the number of full percentage points 

5 by which the State fell short, as described in clause 

6 (i), is not less than 20.’’. 

7 (d) TECHNICAL CORRECTION.—Section 423(b) of 

8 such Act (42 U.S.C. 623(b)) is amended by striking ‘‘per 

9 centum’’ each place it appears and inserting ‘‘percent’’. 

10 SEC. 3. EXTENSION OF PROGRAM TO PROMOTE SAFE AND 

11 STABLE FAMILIES. 

12 (a) IN GENERAL.—Section 436 of the Social Security 

13 Act (42 U.S.C. 629f) is amended— 

14 (1) in subsection (a), by striking all that follows 

15 ‘‘$345,000,000’’ and inserting ‘‘for each of fiscal 

16 years 2012 through 2016.’’; and 

17 (2) in subsection (b)— 

18 (A) in paragraph (2), by striking 

19 ‘‘$30,000,000’’ and inserting ‘‘$20,000,000’’; 

20 (B) in paragraph (4)(A), by striking 

21 ‘‘433(e)’’ and all that follows and inserting 

22 ‘‘433(e) $20,000,000 for each of fiscal years 

23 2012 through 2016.’’; and 

24 (C) in paragraph (5), by striking ‘‘437(f)’’ 

25 and all that follows and inserting ‘‘437(f) 


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1 $20,000,000 for each of fiscal years 2012 

2 through 2016’’. 

3 (b) DISCRETIONARY AND TARGETED GRANTS.—Sec4 tion 437 of such Act (42 U.S.C. 629g) is amended in each 

5 of subsections (a) and (f)(3)(A) by striking ‘‘2007 through 

6 2011’’ and inserting ‘‘2012 through 2016’’. 

7 (c) ENTITLEMENT FUNDING FOR STATE COURTS TO

8 ASSESS AND IMPROVE HANDLING OF PROCEEDINGS RE9 LATING TO FOSTER CARE AND ADOPTION.—Section 438 

10 of such Act (42 U.S.C. 629h) is amended— 

11 (1) in subsection (a)(2)(A), by inserting ‘‘, in12 cluding the requirements in the Act related to con13 current planning and the ability to bypass reunifica14 tion efforts in certain egregious situations’’ before 

15 the semicolon; 

16 (2) in each of subsections (c)(1)(A) and (d), by 

17 striking ‘‘2002 through 2011’’ and inserting ‘‘2012 

18 through 2016’’; 

19 (3) in subsection (c)(2)(A)— 

20 (A) by striking ‘‘2006 through 2011’’ and 

21 inserting ‘‘2012 through 2016’’; and 

22 (B) by striking ‘‘the amount made avail23 able under whichever of paragraph (1) or (2) of 

24 subsection (e) applies with respect to the grant’’ 

25 and inserting ‘‘the amount reserved pursuant to 


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1 section 436(b)(2) (and the amount, if any, re2 served pursuant to section 437(b)(2))’’; 

3 (4) in subsection (c)(2)(B), by striking ‘‘the 

4 amount made available under subsection (e) for such 

5 a grant’’ and inserting ‘‘the amount reserved pursu6 ant to section 436(b)(2) (and the amount, if any, re7 served pursuant to section 437(b)(2))’’; and 

8 (5) by striking subsection (e). 

9 (d) SUBMISSION TO CONGRESS OF STATE SUM10 MARIES OF FINANCIAL DATA; PUBLICATION ON HHS WEB

11 SITE.—Section 432(c) of such Act (42 U.S.C. 629b(c)) 

12 is amended— 

13 (1) by striking all that precedes ‘‘shall’’ and in14 serting the following: 

15 ‘‘(c) ANNUAL SUBMISSION OF STATE REPORTS TO

16 CONGRESS.— 

17 ‘‘(1) IN GENERAL.—The Secretary’’; and 

18 (2) by adding after and below the end the fol19 lowing: 

20 ‘‘(2) INFORMATION TO BE INCLUDED.—The 

21 compilation shall include the individual State reports 

22 and tables that synthesize State information into na23 tional totals for each element required to be included 

24 in the reports, including planned and actual spend25 ing by service category for the program authorized 


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1 under this subpart and planned spending by service 

2 category for the program authorized under subpart 

3 1. 

4 ‘‘(3) PUBLIC ACCESSIBILITY.—Not later than 

5 September 30 of each year, the Secretary shall pub6 lish the compilation on the Web site of the Depart7 ment of Health and Human Services in a location 

8 easily accessible by the public.’’. 

9 (e) ELIMINATION OF REFERENCES TO

10 METHAMPHETAMINES IN SUBSTANCE ABUSE GRANTS.— 

11 Section 437(f) of such Act (42 U.S.C. 629g(f)) is amend12 ed— 

13 (1) in the subsection heading, by striking 

14 ‘‘METHAMPHETAMINE OR OTHER’’; 

15 (2) in each of paragraphs (1), (4)(A), (7)(A)(i), 

16 and (9)(B)(iii), by striking ‘‘methamphetamine or 

17 other’’; and 

18 (3) in paragraph (7)— 

19 (A) by striking ‘‘shall—’’ and all that fol20 lows through ‘‘(A) take’’ and inserting ‘‘shall 

21 take’’; 

22 (B) in subparagraph (A)(iv), by striking ‘‘; 

23 and’’ and inserting a period; 

24 (C) by striking subparagraph (B); and 


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1 (D) by redesignating clauses (i) through 

2 (iv) of subparagraph (A) as subparagraphs (A) 

3 through (D), respectively, and moving each of 

4 such provisions 2 ems to the left. 

5 (f) GRANTS FOR PROGRAMS FOR MENTORING CHIL6 DREN OF PRISONERS.—Section 439 of such Act (42 

7 U.S.C. 629i) is amended— 

8 (1) by striking subsection (a)(2) and inserting 

9 the following: 

10 ‘‘(2) PURPOSE.—The purpose of this section is 

11 to authorize the Secretary to make competitive 

12 grants to applicants in areas with substantial num13 bers of children of incarcerated parents, in order to 

14 support the establishment or expansion and oper15 ation of programs using a network of public and pri16 vate community entities to provide mentoring serv17 ices for children of prisoners.’’; 

18 (2) in subsection (c)— 

19 (A) by striking ‘‘(i) for a fiscal year that 

20 remain after applying subsection (i)(2)’’ and in21 serting ‘‘(h) for a fiscal year that remain after 

22 applying subsection (h)(2)’’; and 

23 (B) by striking ‘‘2007 through 2011’’ and 

24 inserting ‘‘2012 through 2016’’; 

25 (3) by striking subsection (g); 


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1 (4) in subsection (h)— 

2 (A) in paragraph (1), by striking ‘‘, includ3 ing the service delivery demonstration project 

4 authorized under subsection (g)’’; and 

5 (B) in paragraph (2)— 

6 (i) by striking subparagraph (B); 

7 (ii) in subparagraph (C), by striking 

8 ‘‘and how the evaluation has been ex9 panded to include an evaluation of the 

10 demonstration project authorized under 

11 subsection (g)’’; and 

12 (iii) by redesignating subparagraphs 

13 (C) and (D) as subparagraphs (B) and 

14 (C), respectively; 

15 (5) in subsection (i)— 

16 (A) in paragraph (1), by striking ‘‘such 

17 sums as may be necessary for fiscal years 2007 

18 through 2011’’ and inserting ‘‘$25,000,000 for 

19 each of fiscal years 2012 through 2016’’; and 

20 (B) in paragraph (2)— 

21 (i) by striking all through ‘‘The Sec22 retary’’ and inserting the following: 

23 ‘‘(2) RESERVATION FOR RESEARCH, TECHNICAL

24 ASSISTANCE, AND EVALUATION.—The Secretary’’; 

25 and 


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1 (ii) by striking subparagraph (B); and 

2 (6) by redesignating subsections (h) and (i) as 

3 subsections (g) and (h), respectively. 

4 (g) TECHNICAL CORRECTIONS.— 

5 (1) Section 432(a)(8)(B) of the Social Security 

6 Act (42 U.S.C. 629b(a)(8)(B)) is amended in each 

7 of clauses (i) and (ii) by striking ‘‘forms CFS 101– 

8 Part I and CFS 101–Part II (or any successor 

9 forms)’’ and inserting ‘‘form CFS–101 (including all 

10 parts and any successor forms)’’. 

11 (2) Section 433(c)(2) of the Social Security Act 

12 (42 U.S.C. 629c(c)(2)) is amended by striking ‘‘ben13 efits benefits’’ each place it appears and inserting 

14 ‘‘benefits’’. 

15 (3) Effective as if included in the enactment of 

16 the Safe and Timely Interstate Placement of Foster 

17 Children Act of 2006, section 8(b) of such Act (120 

18 Stat. 513) is amended by striking ‘‘438(b) of such 

19 Act (42 U.S.C. 638(b))’’ inserting ‘‘438(b)(1) of 

20 such Act (42 U.S.C. 629h(b)(1))’’. 

21 SEC. 4. DATA STANDARDIZATION FOR IMPROVED DATA 

22 MATCHING. 

23 (a) IN GENERAL.—Part B of title IV of the Social 

24 Security Act (42 U.S.C. 621–629i) is amended by adding 

25 at the end the following: 


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1 ‘‘Subpart 3—Common Provisions 

2 ‘‘SEC. 440. DATA STANDARDIZATION FOR IMPROVED DATA 

3 MATCHING. 

4 ‘‘(a) STANDARD DATA ELEMENTS.— 

5 ‘‘(1) DESIGNATION.—The Secretary, in con6 sultation with an interagency work group established 

7 by the Office of Management and Budget, and con8 sidering State perspectives, shall, by rule, designate 

9 standard data elements for any category of informa10 tion required to be reported under this part. 

11 ‘‘(2) DATA ELEMENTS MUST BE NONPROPRI12 ETARY AND INTEROPERABLE.—The standard data 

13 elements designated under paragraph (1) shall, to 

14 the extent practicable, be nonproprietary and inter15 operable. 

16 ‘‘(3) OTHER REQUIREMENTS.—In designating 

17 standard data elements under this subsection, the 

18 Secretary shall, to the extent practicable, incor19 porate— 

20 ‘‘(A) interoperable standards developed 

21 and maintained by an international voluntary 

22 consensus standards body, as defined by the Of23 fice of Management and Budget, such as the 

24 International Organization for Standardization; 

25 ‘‘(B) interoperable standards developed 

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1 ships, such as the National Information Ex2 change Model; and 

3 ‘‘(C) interoperable standards developed 

4 and maintained by Federal entities with author5 ity over contracting and financial assistance, 

6 such as the Federal Acquisition Regulations 

7 Council. 

8 ‘‘(b) DATA STANDARDS FOR REPORTING.— 

9 ‘‘(1) DESIGNATION.—The Secretary, in con10 sultation with an interagency work group established 

11 by the Office of Management and Budget, and con12 sidering State government perspectives, shall, by 

13 rule, designate data reporting standards to govern 

14 the reporting required under this part. 

15 ‘‘(2) REQUIREMENTS.—The data reporting 

16 standards required by paragraph (1) shall, to the ex17 tent practicable— 

18 ‘‘(A) incorporate a widely accepted, non19 proprietary, searchable, computer-readable for20 mat; 

21 ‘‘(B) be consistent with and implement ap22 plicable accounting principles; and 

23 ‘‘(C) be capable of being continually up24 graded as necessary. 


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1 ‘‘(3) INCORPORATION OF NONPROPRIETARY

2 STANDARDS.—In designating reporting standards 

3 under this subsection, the Secretary shall, to the ex4 tent practicable, incorporate existing nonproprietary 

5 standards, such as the eXtensible Business Report6 ing Language.’’. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 subsection (a) shall take effect on October 1, 2012, and 

9 shall apply with respect to information required to be re10 ported on or after such date. 

11 SEC. 5. PROVISIONS RELATING TO FOSTER CARE OR ADOP12 TION. 

13 (a) EDUCATIONAL STABILITY FOR EACH FOSTER

14 PLACEMENT.—Section 475(1)(G) of the Social Security 

15 Act (42 U.S.C. 675(1)(G)) is amended— 

16 (1) in clause (i), by striking ‘‘the placement’’ 

17 and inserting ‘‘each placement’’; and 

18 (2) in clause (ii)(I), by inserting ‘‘each’’ before 

19 ‘‘placement’’. 

20 (b) STUDY ON RECRUITMENT OF AND SUPPORT FOR

21 FOSTER PARENTS, ADOPTIVE PARENTS, AND KIN

22 GUARDIANS.— 

23 (1) IN GENERAL.—The Secretary of Health and 

24 Human Services shall, in accordance with paragraph 

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1 port for families caring for children served by any 

2 program funded under part E of title IV of the So3 cial Security Act (42 U.S.C. 670 et seq.), including 

4 foster parents, adoptive parents, and kin guardians. 

5 (2) CONTENTS OF STUDY.—The study shall in6 clude— 

7 (A) a survey of foster parents, who care 

8 for children served by any foster care program 

9 funded under part E of title IV of the Social 

10 Security Act; 

11 (B) an evaluation of the role of respite 

12 care training and services; 

13 (C) the identification of the capacity of 

14 respite care service providers in each State; 

15 (D) the identification of any barriers that 

16 limit the ability of States to successfully recruit 

17 and retain foster families in the foster care sys18 tem; 

19 (E) the identification of any barriers that 

20 limit the ability of States to successfully recruit 

21 and support adoptive parents and relative care22 givers; and 

23 (F) any other matters that the Secretary 

24 of Health and Human Services deems appro25 priate for this study. 


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1 (3) REPORT.—Within 3 years after the date of 

2 the enactment of this Act, the Secretary of Health 

3 and Human Services shall submit to Congress a re4 port containing the findings of the study required by 

5 paragraph (1), and such recommendations with re6 spect to the matters studied as the Secretary deems 

7 appropriate. 

8 (c) DESCRIPTION OF ADOPTION SPENDING.—Section 

9 473(a)(8) of the Social Security Act (42 U.S.C. 673(a)(8)) 

10 is amended by inserting ‘‘, and shall document how such 

11 amounts are spent, including on post-adoption services’’ 

12 before the period. 

13 SEC. 6. EFFECTIVE DATE. 

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

15 this Act, this Act and the amendments made by this Act 

16 shall take effect on October 1, 2011, and shall apply to 

17 payments under parts B and E of title IV of the Social 

18 Security Act for calendar quarters beginning on or after 

19 such date, without regard to whether regulations to imple20 ment the amendments are promulgated by such date. 

21 (b) DELAY PERMITTED IF STATE LEGISLATION RE22 QUIRED.—If the Secretary of Health and Human Services 

23 determines that State legislation (other than legislation 

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

25 developed pursuant to subpart 1 of part B, or a State plan 


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1 approved under subpart 2 of part B or part E, of title 

2 IV of the Social Security Act to meet the additional re3 quirements imposed by the amendments made by this Act, 

4 the plan shall not be regarded as failing to meet any of 

5 the additional requirements before the 1st day of the 1st 

6 calendar quarter beginning after the first regular session 

7 of the State legislature that begins after the date of the 

8 enactment of this Act. If the State has a 2-year legislative 

9 session, each year of the session is deemed to be a separate 

10 regular session of the State legislature. 

Æ 


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