II 

112TH CONGRESS 

1ST SESSION H. R. 2883 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22, 2011 

Received 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Child and Family Serv3 ices Improvement and Innovation Act’’. 

4 TITLE I—EXTENSION OF CHILD 

5 AND FAMILY SERVICES PRO6 GRAMS 

7 SEC. 101. STEPHANIE TUBBS JONES CHILD WELFARE SERV8 ICES PROGRAM. 

9 (a) EXTENSION OF PROGRAM.—Section 425 of the 

10 Social Security Act (42 U.S.C. 625) is amended by strik11 ing ‘‘2007 through 2011’’ and inserting ‘‘2012 through 

12 2016’’. 

13 (b) MODIFICATION OF CERTAIN STATE PLAN RE14 QUIREMENTS.— 

15 (1) RESPONSE TO EMOTIONAL TRAUMA.—Sec16 tion 422(b)(15)(A)(ii) of such Act (42 U.S.C. 

17 622(b)(15)(A)(ii)) is amended by inserting ‘‘, includ18 ing emotional trauma associated with a child’s mal19 treatment and removal from home’’ before the semi20 colon. 

21 (2) PROCEDURES ON THE USE OF PSYCHO22 TROPIC MEDICATIONS.—Section 422(b)(15)(A)(v) of 

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

24 by inserting ‘‘, including protocols for the appro25 priate use and monitoring of psychotropic medica26 tions’’ before the semicolon. 


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1 (3) DESCRIPTION OF ACTIVITIES TO ADDRESS

2 DEVELOPMENTAL NEEDS OF VERY YOUNG CHIL3 DREN.—Section 422(b) of such Act (42 U.S.C. 

4 622(b)) is amended— 

5 (A) by striking ‘‘and’’ at the end of para6 graph (16); 

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

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

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

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

11 the State has undertaken to reduce the length of 

12 time children who have not attained 5 years of age 

13 are without a permanent family, and the activities 

14 the State undertakes to address the developmental 

15 needs of such children who receive benefits or serv16 ices under this part or part E.’’. 

17 (4) DATA SOURCES FOR CHILD DEATH REPORT18 ING.—Section 422(b) of such Act (42 U.S.C. 

19 622(b)), as amended by paragraph (3) of this sub20 section, is amended— 

21 (A) by striking ‘‘and’’ at the end of para22 graph (17); 

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

24 paragraph (18) and inserting ‘‘; and’’; and 

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


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1 ‘‘(19) contain a description of the sources used 

2 to compile information on child maltreatment deaths 

3 required by Federal law to be reported by the State 

4 agency referred to in paragraph (1), and to the ex5 tent that the compilation does not include informa6 tion on such deaths from the State vital statistics 

7 department, child death review teams, law enforce8 ment agencies, or offices of medical examiners or 

9 coroners, the State shall describe why the informa10 tion is not so included and how the State will in11 clude the information.’’. 

12 (c) CHILD VISITATION BY CASEWORKERS.—Section 

13 424 of such Act (42 U.S.C. 624) is amended by striking 

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

15 Child and Family Services Improvement Act of 2006, and 

16 inserting the following: 

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

18 necessary to ensure that the total number of visits made 

19 by caseworkers on a monthly basis to children in foster 

20 care under the responsibility of the State during a fiscal 

21 year is not less than 90 percent (or, in the case of fiscal 

22 year 2015 or thereafter, 95 percent) of the total number 

23 of such visits that would occur during the fiscal year if 

24 each such child were so visited once every month while 

25 in such care. 


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

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

3 then the percentage that would otherwise apply for pur4 poses of subsection (a) for the fiscal year shall be reduced 

5 by— 

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

7 by which the State fell short of the percentage speci8 fied in subparagraph (A) is less than 10; 

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

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

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

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

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

14 (i), is not less than 20. 

15 ‘‘(2)(A) Each State shall take such steps as are nec16 essary to ensure that not less than 50 percent of the total 

17 number of visits made by caseworkers to children in foster 

18 care under the responsibility of the State during a fiscal 

19 year occur in the residence of the child involved. 

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

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

22 then the percentage that would otherwise apply for pur23 poses of subsection (a) for the fiscal year shall be reduced 

24 by— 


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

2 by which the State fell short of the percentage speci3 fied in subparagraph (A) is less than 10; 

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

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

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

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

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

9 (i), is not less than 20.’’. 

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

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

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

13 SEC. 102. PROMOTING SAFE AND STABLE FAMILIES PRO14 GRAM. 

15 (a) EXTENSION OF FUNDING AUTHORIZATIONS.— 

16 (1) IN GENERAL.—Section 436(a) of the Social 

17 Security Act (42 U.S.C. 629f(a)) is amended by 

18 striking all that follows ‘‘$345,000,000’’ and insert19 ing ‘‘for each of fiscal years 2012 through 2016.’’. 

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

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

22 striking ‘‘2007 through 2011’’ and inserting ‘‘2012 

23 through 2016’’. 


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1 (b) TARGETING OF SERVICES TO POPULATIONS AT

2 GREATEST RISK OF MALTREATMENT.—Section 432(a) of 

3 such Act (42 U.S.C. 629b(a)) is amended— 

4 (1) by striking ‘‘and’’ at the end of paragraph 

5 (8); 

6 (2) by striking the period at the end of para7 graph (9) and inserting ‘‘; and’’; and 

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

9 ‘‘(10) describes how the State identifies which 

10 populations are at the greatest risk of maltreatment 

11 and how services are targeted to the populations.’’. 

12 (c) REVISED PURPOSES OF FAMILY SUPPORT SERV13 ICES AND TIME-LIMITED FAMILY REUNIFICATION SERV14 ICES.— 

15 (1) FAMILY SUPPORT SERVICES.—Section 

16 431(a)(2) of such Act (42 U.S.C. 629a(a)(2)) is 

17 amended to read as follows: 

18 ‘‘(2) FAMILY SUPPORT SERVICES.— 

19 ‘‘(A) IN GENERAL.—The term ‘family sup20 port services’ means community-based services 

21 designed to carry out the purposes described in 

22 subparagraph (B). 

23 ‘‘(B) PURPOSES DESCRIBED.—The pur24 poses described in this subparagraph are the 

25 following: 


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1 ‘‘(i) To promote the safety and well2 being of children and families. 

3 ‘‘(ii) To increase the strength and sta4 bility of families (including adoptive, fos5 ter, and extended families). 

6 ‘‘(iii) To increase parents’ confidence 

7 and competence in their parenting abilities. 

8 ‘‘(iv) To afford children a safe, stable, 

9 and supportive family environment. 

10 ‘‘(v) To strengthen parental relation11 ships and promote healthy marriages. 

12 ‘‘(vi) To enhance child development, 

13 including through mentoring (as defined in 

14 section 439(b)(2)).’’. 

15 (2) TIME-LIMITED FAMILY REUNIFICATION

16 SERVICES.—Section 431(a)(7)(B) of such Act (42 

17 U.S.C. 629a(a)(7)(B)) is amended by redesignating 

18 clause (vi) as clause (viii) and inserting after clause 

19 (v) the following: 

20 ‘‘(vi) Peer-to-peer mentoring and sup21 port groups for parents and primary care22 givers. 

23 ‘‘(vii) Services and activities designed 

24 to facilitate access to and visitation of chil25 dren by parents and siblings.’’. 


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1 (d) UNIFORM DEFINITIONS OF INDIAN TRIBE AND

2 TRIBAL ORGANIZATION.—Section 431(a) of such Act (42 

3 U.S.C. 629a(a)(5) and (6)) is amended by striking para4 graphs (5) and (6) and inserting the following: 

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

6 has the meaning given the term in section 428(c). 

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

8 organization’ has the meaning given the term in sec9 tion 428(c).’’. 

10 (e) SUBMISSION TO CONGRESS OF STATE SUM11 MARIES OF FINANCIAL DATA; PUBLICATION ON HHS

12 WEBSITE.—Section 432(c) of such Act (42 U.S.C. 

13 629b(c)) is amended— 

14 (1) by striking all that precedes ‘‘shall’’ and in15 serting the following: 

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

17 CONGRESS.— 

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

19 (2) by adding after and below the end the fol20 lowing: 

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

22 compilation shall include the individual State reports 

23 and tables that synthesize State information into na24 tional totals for each element required to be included 

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1 ing by service category for the program authorized 

2 under this subpart and planned spending by service 

3 category for the program authorized under subpart 

4 1. 

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

6 September 30 of each year, the Secretary shall pub7 lish the compilation on the website of the Depart8 ment of Health and Human Services in a location 

9 easily accessible by the public.’’. 

10 (f) GAO REPORT ON MULTIPLE SOURCES OF FED11 ERAL SPENDING AND FAMILY ACCESS TO SERVICES.— 

12 Not later than 12 months after the date of enactment of 

13 this Act, the Comptroller General of the United States 

14 shall submit to Congress a report that— 

15 (1) identifies alternative sources of Federal 

16 funding that are being employed by States or other 

17 entities for the same purposes for which funding is 

18 provided under subpart 1 or 2 of part B of title IV 

19 of the Social Security Act; and 

20 (2) assesses the needs of families eligible for 

21 services under such program, including identification 

22 of underserved communities and information regard23 ing— 


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1 (A) the supports available for caseworkers 

2 to appropriately investigate and safely manage 

3 their caseloads; 

4 (B) the length of the wait time for families 

5 to receive substance abuse and other preventive 

6 services; and 

7 (C) the number of families on waiting lists 

8 for such services and the effect of the delay on 

9 healthy, successful reunification outcomes for 

10 such families. 

11 (g) TECHNICAL CORRECTIONS.— 

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

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

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

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

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

17 parts and any successor forms)’’. 

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

19 (42 U.S.C. 629c(c)(2)) is amended— 

20 (A) in the paragraph heading, by striking 

21 ‘‘FOOD STAMP’’ and inserting ‘‘SUPPLEMENTAL

22 NUTRITION ASSISTANCE PROGRAM BENEFITS’’; 

23 and 

24 (B) by striking ‘‘benefits benefits’’ each 

25 place it appears and inserting ‘‘benefits’’. 


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1 SEC. 103. GRANTS FOR TARGETED PURPOSES. 

2 (a) EXTENSION OF FUNDING RESERVATIONS FOR

3 MONTHLY CASEWORKER VISITS AND REGIONAL PART4 NERSHIP GRANTS.—Section 436(b) of the Social Security 

5 Act (42 U.S.C. 629f(b)) is amended— 

6 (1) in paragraph (4)(A), by striking ‘‘433(e)’’ 

7 and all that follows and inserting ‘‘433(e) 

8 $20,000,000 for each of fiscal years 2012 through 

9 2016.’’; and 

10 (2) in paragraph (5), by striking ‘‘437(f)’’ and 

11 all that follows and inserting ‘‘437(f) $20,000,000 

12 for each of fiscal years 2012 through 2016.’’. 

13 (b) REVISION IN USE OF MONTHLY CASEWORKER

14 VISITS GRANTS.—Section 436(b)(4)(B)(i) of such Act (42 

15 U.S.C. 629f(b)(4)(B)) is amended— 

16 (1) by striking ‘‘support’’ and insert ‘‘improve 

17 the quality of’’; and 

18 (2) by striking ‘‘a primary emphasis’’ and all 

19 that follows and inserting ‘‘an emphasis on improv20 ing caseworker decision making on the safety, per21 manency, and well-being of foster children and on 

22 activities designed to increase retention, recruitment, 

23 and training of caseworkers.’’; and 

24 (c) REAUTHORIZATION OF REGIONAL PARTNERSHIP

25 GRANTS TO ASSIST CHILDREN AFFECTED BY PARENTAL

26 SUBSTANCE ABUSE.— 


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1 (1) EXTENSION OF PROGRAM.—Section 

2 437(f)(3)(A) of such Act (42 U.S.C. 629g(f)(3)(A)) 

3 is amended by striking ‘‘2007 through 2011’’ and 

4 inserting ‘‘2012 through 2016’’. 

5 (2) REVISIONS TO PROGRAM.—Section 437(f) of 

6 such Act (42 U.S.C. 629g(f)) is amended— 

7 (A) in the subsection heading, by striking 

8 ‘‘METHAMPHETAMINE OR OTHER’’; 

9 (B) in each of paragraphs (1), (4)(A), 

10 (7)(A)(i), and (9)(B)(iii), by striking ‘‘meth11 amphetamine or other’’; 

12 (C) in paragraph (3), by striking subpara13 graph (B) and inserting the following: 

14 ‘‘(B) REQUIRED MINIMUM PERIOD OF AP15 PROVAL.— 

16 ‘‘(i) IN GENERAL.—A grant shall be 

17 awarded under this subsection for a period 

18 of not less than 2, and not more than 5, 

19 fiscal years, subject to clause (ii). 

20 ‘‘(ii) EXTENSION OF GRANT.—On ap21 plication of the grantee, the Secretary may 

22 extend for not more than 2 fiscal years the 

23 period for which a grant is awarded under 

24 this subsection. 


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1 ‘‘(C) MULTIPLE GRANTS ALLOWED.—This 

2 subsection shall not be interpreted to prevent a 

3 grantee from applying for, or being awarded, 

4 separate grants under this subsection.’’; 

5 (D) in paragraph (6)(A)— 

6 (i) by striking ‘‘and’’ at the end of 

7 clause (ii); 

8 (ii) by striking the period at the end 

9 of clause (iii) and inserting a semicolon; 

10 and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(iv) 70 percent for the sixth such fis14 cal year; and 

15 ‘‘(v) 65 percent for the seventh such 

16 fiscal year.’’; 

17 (E) in paragraph (7)— 

18 (i) by striking ‘‘shall—’’ and all that 

19 follows through ‘‘(A) take’’ and inserting 

20 ‘‘shall take’’; 

21 (ii) in subparagraph (A)(iv), by strik22 ing ‘‘; and’’ and inserting a period; 

23 (iii) by striking subparagraph (B); 

24 and 


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1 (iv) by redesignating clauses (i) 

2 through (iv) of subparagraph (A) as sub3 paragraphs (A) through (D), respectively, 

4 and moving each of such provisions 2 ems 

5 to the left; and 

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

7 ‘‘(10) LIMITATION ON USE OF FUNDS FOR AD8 MINISTRATIVE EXPENSES OF THE SECRETARY.—Not 

9 more than 5 percent of the amounts appropriated or 

10 reserved for awarding grants under this subsection 

11 for each of fiscal years 2012 through 2016 may be 

12 used by the Secretary for salaries and Department 

13 of Health and Human Services administrative ex14 penses in administering this subsection.’’. 

15 (3) EVALUATIONS.—Not later than December 

16 31, 2012, and not later than December 31, 2017, 

17 the Secretary of Health and Human Services shall 

18 evaluate the effectiveness of the grants awarded to 

19 regional partnerships under section 437(f) of the So20 cial Security Act (42 U.S.C. 629g(f)) and shall pub21 lish a report regarding the results of each evaluation 

22 on the website of the Department of Health and 

23 Human Services. Each report required to be pub24 lished under this subsection shall include— 


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1 (A) an evaluation of the programs and ac2 tivities conducted, and the services provided, 

3 with the grant funds awarded under such sec4 tion for fiscal years 2007 through 2011, in the 

5 case of the evaluation required by December 31, 

6 2012, and for fiscal years 2012 through 2016, 

7 in the case of the evaluation required by De8 cember 31, 2017; 

9 (B) an analysis of the regional partner10 ships awarded such grants that have, and have 

11 not, been successful in achieving the goals and 

12 outcomes specified in their grant applications 

13 and with respect to the performance indicators 

14 established by the Secretary under paragraph 

15 (8) of such section that are applicable to their 

16 grant awards; and 

17 (C) an analysis of the extent to which such 

18 grants have been successful in addressing the 

19 needs of families with methamphetamine or 

20 other substance abuse problems who come to 

21 the attention of the child welfare system and in 

22 achieving the goals of child safety, permanence, 

23 and family stability. 


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1 SEC. 104. COURT IMPROVEMENT PROGRAM. 

2 (a) GRANT PURPOSES.—Section 438(a) of the Social 

3 Security Act (42 U.S.C. 629h(a)) is amended— 

4 (1) in paragraph (2)— 

5 (A) in subparagraph (A), by striking ‘‘; 

6 and’’ and inserting ‘‘, including the require7 ments in the Act related to concurrent plan8 ning;’’; 

9 (B) in subparagraph (B), by adding ‘‘and’’ 

10 at the end; and 

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

12 ‘‘(C) to increase and improve engagement 

13 of the entire family in court processes relating 

14 to child welfare, family preservation, family re15 unification, and adoption;’’; and 

16 (2) in paragraph (4)— 

17 (A) by inserting ‘‘(A)’’ after ‘‘(4)’’; 

18 (B) by striking the period and inserting ‘‘; 

19 and’’; and 

20 (C) by adding after and below the end the 

21 following: 

22 ‘‘(B) to increase and improve engagement of 

23 the entire family in court processes relating to child 

24 welfare, family preservation, family reunification, 

25 and adoption.’’. 


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1 (b) SINGLE GRANT APPLICATION.—Section 

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

3 to read as follows: 

4 ‘‘(2) SINGLE GRANT APPLICATION.—Pursuant 

5 to the requirements under paragraph (1) of this sub6 section, a highest State court desiring a grant under 

7 this section shall submit a single application to the 

8 Secretary that specifies whether the application is 

9 for a grant for— 

10 ‘‘(A) the purposes described in paragraphs 

11 (1) and (2) of subsection (a); 

12 ‘‘(B) the purpose described in subsection 

13 (a)(3); 

14 ‘‘(C) the purpose described in subsection 

15 (a)(4); or 

16 ‘‘(D) the purposes referred to in 2 or more 

17 (specifically identified) of subparagraphs (A), 

18 (B), and (C) of this paragraph.’’. 

19 (c) AMOUNT OF GRANT.—Section 438(c) of such Act 

20 (42 U.S.C. 629h(c)) is amended to read as follows: 

21 ‘‘(c) AMOUNT OF GRANT.— 

22 ‘‘(1) IN GENERAL.—With respect to each of 

23 subparagraphs (A), (B), and (C) of subsection (b)(2) 

24 that refers to 1 or more grant purposes for which 

25 an application of a highest State court is approved 


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1 under this section, the court shall be entitled to pay2 ment, for each of fiscal years 2012 through 2016, 

3 from the amount allocated under paragraph (3) of 

4 this subsection for grants for the purpose or pur5 poses, of an amount equal to $85,000 plus the 

6 amount described in paragraph (2) of this subsection 

7 with respect to the purpose or purposes. 

8 ‘‘(2) AMOUNT DESCRIBED.—The amount de9 scribed in this paragraph for any fiscal year with re10 spect to the purpose or purposes referred to in a 

11 subparagraph of subsection (b)(2) is the amount 

12 that bears the same ratio to the total of the amounts 

13 allocated under paragraph (3) of this subsection for 

14 grants for the purpose or purposes as the number of 

15 individuals in the State who have not attained 21 

16 years of age bears to the total number of such indi17 viduals in all States the highest State courts of 

18 which have approved applications under this section 

19 for grants for the purpose or purposes. 

20 ‘‘(3) ALLOCATION OF FUNDS.— 

21 ‘‘(A) MANDATORY FUNDS.—Of the 

22 amounts reserved under section 436(b)(2) for 

23 any fiscal year, the Secretary shall allocate— 


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1 ‘‘(i) $9,000,000 for grants for the 

2 purposes described in paragraphs (1) and 

3 (2) of subsection (a); 

4 ‘‘(ii) $10,000,000 for grants for the 

5 purpose described in subsection (a)(3); 

6 ‘‘(iii) $10,000,000 for grants for the 

7 purpose described in subsection (a)(4); and 

8 ‘‘(iv) $1,000,000 for grants to be 

9 awarded on a competitive basis among the 

10 highest courts of Indian tribes or tribal 

11 consortia that— 

12 ‘‘(I) are operating a program 

13 under part E, in accordance with sec14 tion 479B; 

15 ‘‘(II) are seeking to operate a 

16 program under part E and have re17 ceived an implementation grant under 

18 section 476; or 

19 ‘‘(III) has a court responsible for 

20 proceedings related to foster care or 

21 adoption. 

22 ‘‘(B) DISCRETIONARY FUNDS.—The Sec23 retary shall allocate all of the amounts reserved 

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1 poses described in paragraphs (1) and (2) of 

2 subsection (a).’’. 

3 (d) EXTENSION OF FEDERAL SHARE.—Section 

4 438(d) of such Act (42 U.S.C. 629h(d)) is amended by 

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

6 through 2016’’. 

7 (e) TECHNICAL CORRECTION.—Effective as if in8 cluded in the enactment of the Safe and Timely Interstate 

9 Placement of Foster Children Act of 2006, section 8(b) 

10 of such Act (120 Stat. 513) is amended by striking 

11 ‘‘438(b) of such Act (42 U.S.C. 638(b))’’ inserting 

12 ‘‘438(b)(1) of such Act (42 U.S.C. 629h(b)(1))’’. 

13 SEC. 105. DATA STANDARDIZATION FOR IMPROVED DATA 

14 MATCHING. 

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

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

17 at the end the following: 

18 ‘‘Subpart 3—Common Provisions 

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

20 MATCHING. 

21 ‘‘(a) STANDARD DATA ELEMENTS.— 

22 ‘‘(1) DESIGNATION.—The Secretary, in con23 sultation with an interagency work group established 

24 by the Office of Management and Budget, and con25 sidering State perspectives, shall, by rule, designate 


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1 standard data elements for any category of informa2 tion required to be reported under this part. 

3 ‘‘(2) DATA ELEMENTS MUST BE NONPROPRI4 ETARY AND INTEROPERABLE.—The standard data 

5 elements designated under paragraph (1) shall, to 

6 the extent practicable, be nonproprietary and inter7 operable. 

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

9 standard data elements under this subsection, the 

10 Secretary shall, to the extent practicable, incor11 porate— 

12 ‘‘(A) interoperable standards developed 

13 and maintained by an international voluntary 

14 consensus standards body, as defined by the Of15 fice of Management and Budget, such as the 

16 International Organization for Standardization; 

17 ‘‘(B) interoperable standards developed 

18 and maintained by intergovernmental partner19 ships, such as the National Information Ex20 change Model; and 

21 ‘‘(C) interoperable standards developed 

22 and maintained by Federal entities with author23 ity over contracting and financial assistance, 

24 such as the Federal Acquisition Regulatory 

25 Council. 


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

2 ‘‘(1) DESIGNATION.—The Secretary, in con3 sultation with an interagency work group established 

4 by the Office of Management and Budget, and con5 sidering State government perspectives, shall, by 

6 rule, designate data reporting standards to govern 

7 the reporting required under this part. 

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

9 standards required by paragraph (1) shall, to the ex10 tent practicable— 

11 ‘‘(A) incorporate a widely-accepted, non12 proprietary, searchable, computer-readable for13 mat; 

14 ‘‘(B) be consistent with and implement ap15 plicable accounting principles; and 

16 ‘‘(C) be capable of being continually up17 graded as necessary. 

18 ‘‘(3) INCORPORATION OF NONPROPRIETARY

19 STANDARDS.—In designating reporting standards 

20 under this subsection, the Secretary shall, to the ex21 tent practicable, incorporate existing nonproprietary 

22 standards, such as the eXtensible Business Report23 ing Language.’’. 

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

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


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1 shall apply with respect to information required to be re2 ported on or after such date. 

3 SEC. 106. PROVISIONS RELATING TO FOSTER CARE OR 

4 ADOPTION. 

5 (a) EDUCATIONAL STABILITY FOR EACH FOSTER

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

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

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

9 and inserting ‘‘each placement’’; and 

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

11 ‘‘placement’’. 

12 (b) FOSTER YOUTH ID THEFT.—Section 475(5) of 

13 such Act (42 U.S.C. 675(5)) is amended— 

14 (1) by striking ‘‘and’’ at the end of subpara15 graph (G); 

16 (2) by striking the period at the end of sub17 paragraph (H) and inserting ‘‘; and’’; and 

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

19 ‘‘(I) each child in foster care under the re20 sponsibility of the State who has attained 16 

21 years of age receives without cost a copy of any 

22 consumer report (as defined in section 603(d) 

23 of the Fair Credit Reporting Act) pertaining to 

24 the child each year until the child is discharged 

25 from care, and receives assistance (including, 


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1 when feasible, from any court-appointed advo2 cate for the child) in interpreting and resolving 

3 any inaccuracies in the report.’’. 

4 (c) DESCRIPTION OF ADOPTION SPENDING.—Section 

5 473(a)(8) of such Act (42 U.S.C. 673(a)(8)) is amended 

6 by inserting ‘‘, and shall document how such amounts are 

7 spent, including on post-adoption services’’ before the pe8 riod. 

9 (d) INCLUSION IN ANNUAL REPORT OF ADDITIONAL

10 INFORMATION ON CHILD VISITATION BY CASE11 WORKERS.—Section 479A(6) of such Act (42 U.S.C. 

12 679b(6)) is amended— 

13 (1) by striking ‘‘and’’ at the end of subpara14 graph (A); and 

15 (2) by redesignating subparagraph (B) as sub16 paragraph (C) and inserting after subparagraph (A) 

17 the following: 

18 ‘‘(B) the total number of visits made by 

19 caseworkers on a monthly basis to children in 

20 foster care under the responsibility of the State 

21 during a fiscal year as a percentage of the total 

22 number of the visits that would occur during 

23 the fiscal year if each child were so visited once 

24 every month while in such care; and’’. 


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1 SEC. 107. EFFECTIVE DATE. 

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

3 this title, this title and the amendments made by this title 

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

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

6 Security Act for calendar quarters beginning on or after 

7 such date, without regard to whether regulations to imple8 ment the amendments are promulgated by such date. 

9 (b) DELAY PERMITTED IF STATE LEGISLATION RE10 QUIRED.—If the Secretary of Health and Human Services 

11 determines that State legislation (other than legislation 

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

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

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

15 IV of the Social Security Act to meet the additional re16 quirements imposed by the amendments made by this title, 

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

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

19 calendar quarter beginning after the first regular session 

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

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

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

23 regular session of the State legislature. 


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1 TITLE II—CHILD WELFARE 

2 DEMONSTRATION PROJECTS 

3 SEC. 201. RENEWAL OF AUTHORITY TO APPROVE DEM4 ONSTRATION PROJECTS DESIGNED TO TEST 

5 INNOVATIVE STRATEGIES IN STATE CHILD 

6 WELFARE PROGRAMS. 

7 Section 1130 of the Social Security Act (42 U.S.C. 

8 1320a–9) is amended— 

9 (1) in subsection (a)— 

10 (A) by amending paragraph (2) to read as 

11 follows: 

12 ‘‘(2) LIMITATION.—During fiscal years 2012 

13 through 2014, the Secretary may authorize dem14 onstration projects described in paragraph (1), with 

15 not more than 10 demonstration projects to be au16 thorized in each fiscal year.’’. 

17 (B) by striking paragraph (3) and insert18 ing the following: 

19 ‘‘(3) CONDITIONS FOR STATE ELIGIBILITY.— 

20 For purposes of a new demonstration project under 

21 this section that is initially approved in any of fiscal 

22 years 2012 through 2014, a State shall be author23 ized to conduct such demonstration project only if 

24 the State satisfies the following conditions: 

25 ‘‘(A) IDENTIFY 1 OR MORE GOALS.— 


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1 ‘‘(i) IN GENERAL.—The State shall 

2 demonstrate that the demonstration 

3 project is designed to accomplish 1 or more 

4 of the following goals: 

5 ‘‘(I) Increase permanency for all 

6 infants, children, and youth by reduc7 ing the time in foster placements 

8 when possible and promoting a suc9 cessful transition to adulthood for 

10 older youth. 

11 ‘‘(II) Increase positive outcomes 

12 for infants, children, youth, and fami13 lies in their homes and communities, 

14 including tribal communities, and im15 prove the safety and well-being of in16 fants, children, and youth. 

17 ‘‘(III) Prevent child abuse and 

18 neglect and the re-entry of infants, 

19 children, and youth into foster care. 

20 ‘‘(ii) LONG-TERM THERAPEUTIC FAM21 ILY TREATMENT CENTERS; ADDRESSING

22 DOMESTIC VIOLENCE.—With respect to a 

23 demonstration project that is designed to 

24 accomplish 1 or more of the goals deVerDate Mar 15 2010 01:18 Sep 23, 2011 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2883.RDS H2883

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1 scribed in clause (i), the State may elect to 

2 establish a program— 

3 ‘‘(I) to permit foster care mainte4 nance payments to be made under 

5 part E of title IV to a long-term 

6 therapeutic family treatment center 

7 (as described in paragraph (8)(B)) on 

8 behalf of a child residing in the cen9 ter; or 

10 ‘‘(II) to identify and address do11 mestic violence that endangers chil12 dren and results in the placement of 

13 children in foster care. 

14 ‘‘(B) DEMONSTRATE READINESS.—The 

15 State shall demonstrate through a narrative de16 scription the State’s capacity to effectively use 

17 the authority to conduct a demonstration 

18 project under this section by identifying 

19 changes the State has made or plans to make 

20 in policies, procedures, or other elements of the 

21 State’s child welfare program that will enable 

22 the State to successfully achieve the goal or 

23 goals of the project. 


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1 ‘‘(C) DEMONSTRATE IMPLEMENTED OR

2 PLANNED CHILD WELFARE PROGRAM IMPROVE3 MENT POLICIES.— 

4 ‘‘(i) IN GENERAL.—The State shall 

5 demonstrate that the State has imple6 mented, or plans to implement within 3 

7 years of the date on which the State sub8 mits its application to conduct the dem9 onstration project or 2 years after the date 

10 on which the Secretary approves such dem11 onstration project (whichever is later), at 

12 least 2 of the child welfare program im13 provement policies described in paragraph 

14 (7). 

15 ‘‘(ii) PREVIOUS IMPLEMENTATION.— 

16 For purposes of the requirement described 

17 in clause (i), at least 1 of the child welfare 

18 program improvement policies to be imple19 mented by the State shall be a policy that 

20 the State has not previously implemented 

21 as of the date on which the State submits 

22 an application to conduct the demonstra23 tion project. 

24 ‘‘(iii) IMPLEMENTATION REVIEW.— 

25 The Secretary may terminate the authority 


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1 of a State to conduct a demonstration 

2 project under this section if, after the 3- 

3 year period following approval of the dem4 onstration project, the State has not made 

5 significant progress in implementing the 

6 child welfare program improvement policies 

7 proposed by the State under clause (i).’’; 

8 (C) in paragraph (5), by inserting ‘‘and 

9 the ability of the State to implement a correc10 tive action plan approved under section 1123A’’ 

11 before the period; and 

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

13 ‘‘(6) INAPPLICABILITY OF RANDOM ASSIGN14 MENT FOR CONTROL GROUPS AS A FACTOR FOR AP15 PROVAL OF DEMONSTRATION PROJECTS.—For pur16 poses of evaluating an application to conduct a dem17 onstration project under this section, the Secretary 

18 shall not take into consideration whether such 

19 project requires random assignment of children and 

20 families to groups served under the project and to 

21 control groups. 

22 ‘‘(7) CHILD WELFARE PROGRAM IMPROVEMENT

23 POLICIES.—For purposes of paragraph (3)(C), the 

24 child welfare program improvement policies de25 scribed in this paragraph are the following: 


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1 ‘‘(A) The establishment of a bill of rights 

2 for infants, children, and youth in foster care 

3 that is widely shared and clearly outlines pro4 tections for infants, children, and youth, such 

5 as assuring frequent visits with parents, sib6 lings, and caseworkers, access to attorneys, and 

7 participation in age-appropriate extracurricular 

8 activities, and procedures for ensuring the pro9 tections are provided. 

10 ‘‘(B) The development and implementation 

11 of a plan for meeting the health and mental 

12 health needs of infants, children, and youth in 

13 foster care that includes ensuring that the pro14 vision of health and mental health care is child15 specific, comprehensive, appropriate, and con16 sistent (through means such as ensuring the in17 fant, child, or youth has a medical home, reg18 ular wellness medical visits, and addressing the 

19 issue of trauma, when appropriate). 

20 ‘‘(C) The inclusion in the State plan under 

21 section 471 of an amendment implementing the 

22 option under subsection (a)(28) of that section 

23 to enter into kinship guardianship assistance 

24 agreements. 


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1 ‘‘(D) The election under the State plan 

2 under section 471 to define a ‘child’ for pur3 poses of the provision of foster care mainte4 nance payments, adoption assistance payments, 

5 and kinship guardianship assistance payments, 

6 so as to include individuals described in each of 

7 subclauses (I), (II), and (III) of section 

8 475(8)(B)(i) who have not attained age 21. 

9 ‘‘(E) The development and implementation 

10 of a plan that ensures congregate care is used 

11 appropriately and reduces the placement of chil12 dren and youth in such care. 

13 ‘‘(F) Of those infants, children, and youth 

14 in out-of-home placements, substantially in15 creasing the number of cases of siblings who 

16 are in the same foster care, kinship guardian17 ship, or adoptive placement, above the number 

18 of such cases in fiscal year 2008. 

19 ‘‘(G) The development and implementation 

20 of a plan to improve the recruitment and reten21 tion of high quality foster family homes trained 

22 to help assist infants, children, and youth swift23 ly secure permanent families. Supports for fos24 ter families under such a plan may include in25 creasing maintenance payments to more adeVerDate Mar 15 2010 01:18 Sep 23, 2011 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H2883.RDS H2883

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1 quately meet the needs of infants, children, and 

2 youth in foster care and expanding training, 

3 respite care, and other support services for fos4 ter parents. 

5 ‘‘(H) The establishment of procedures de6 signed to assist youth as they prepare for their 

7 transition out of foster care, such as arranging 

8 for participation in age-appropriate extra-cur9 ricular activities, providing appropriate access 

10 to cell phones, computers, and opportunities to 

11 obtain a driver’s license, providing notification 

12 of all sibling placements if siblings are in care 

13 and sibling location if siblings are out of care, 

14 and providing counseling and financial support 

15 for post-secondary education. 

16 ‘‘(I) The inclusion in the State plan under 

17 section 471 of a description of State procedures 

18 for— 

19 ‘‘(i) ensuring that youth in foster care 

20 who have attained age 16 are engaged in 

21 discussions, including during the develop22 ment of the transition plans required 

23 under paragraphs (1)(D) and (5)(H) of 

24 section 475, that explore whether the 

25 youth wishes to reconnect with the youth’s 


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1 biological family, including parents, grand2 parents, and siblings, and, if so, what skills 

3 and strategies the youth will need to suc4 cessfully and safely reconnect with those 

5 family members; 

6 ‘‘(ii) providing appropriate guidance 

7 and services to youth whom affirm an in8 tent to reconnect with biological family 

9 members on how to successfully and safely 

10 manage such reconnections; and 

11 ‘‘(iii) making, when appropriate, ef12 forts to include biological family members 

13 in such reconnection efforts. 

14 ‘‘(J) The establishment of one or more of 

15 the following programs designed to prevent in16 fants, children, and youth from entering foster 

17 care or to provide permanency for infants, chil18 dren, and youth in foster care: 

19 ‘‘(i) An intensive family finding pro20 gram. 

21 ‘‘(ii) A kinship navigator program. 

22 ‘‘(iii) A family counseling program, 

23 such as a family group decision-making 

24 program, and which may include in-home 

25 peer support for families. 


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1 ‘‘(iv) A comprehensive family-based 

2 substance abuse treatment program. 

3 ‘‘(v) A program under which special 

4 efforts are made to identify and address 

5 domestic violence that endangers infants, 

6 children, and youth and puts them at risk 

7 of entering foster care. 

8 ‘‘(vi) A mentoring program. 

9 ‘‘(8) DEFINITIONS.—In this subsection— 

10 ‘‘(A) the term ‘youth’ means, with respect 

11 to a State, an individual who has attained age 

12 12 but has not attained the age at which an in13 dividual is no longer considered to be a child 

14 under the State plans under parts B and E of 

15 title IV, and 

16 ‘‘(B) the term ‘long-term therapeutic fam17 ily treatment center’ means a State licensed or 

18 certified program that enables parents and their 

19 children to live together in a safe environment 

20 for a period of not less than 6 months and pro21 vides, on-site or by referral, substance abuse 

22 treatment services, children’s early intervention 

23 services, family counseling, legal services, med24 ical care, mental health services, nursery and 

25 preschool, parenting skills training, pediatric 


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1 care, prenatal care, sexual abuse therapy, re2 lapse prevention, transportation, and job or vo3 cational training or classes leading to a sec4 ondary school diploma or a certificate of general 

5 equivalence.’’; 

6 (2) by striking subsection (d) and inserting the 

7 following: 

8 ‘‘(d) DURATION OF DEMONSTRATION.— 

9 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

10 demonstration project under this section may be 

11 conducted for not more than 5 years, unless in the 

12 judgment of the Secretary, the demonstration 

13 project should be allowed to continue. 

14 ‘‘(2) TERMINATION OF AUTHORITY.—In no 

15 event shall a demonstration project under this sec16 tion be conducted after September 30, 2019.’’; 

17 (3) in subsection (e)— 

18 (A) in paragraph (1), by striking ‘‘(which 

19 shall provide,’’ and all that follows before the 

20 semicolon; 

21 (B) by striking ‘‘and’’ at the end of para22 graph (6); 

23 (C) by redesignating paragraph (7) as 

24 paragraph (8); and 


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1 (D) by inserting after paragraph (6) the 

2 following: 

3 ‘‘(7) an accounting of any additional Federal, 

4 State, and local investments made, as well as any 

5 private investments made in coordination with the 

6 State, during the 2 fiscal years preceding the appli7 cation to provide the services described in paragraph 

8 (1), and an assurance that the State will provide an 

9 accounting of that same spending for each year of 

10 an approved demonstration project; and’’; 

11 (4) by redesignating subsection (g) as sub12 section (h); 

13 (5) by striking subsection (f) and inserting the 

14 following: 

15 ‘‘(f) EVALUATIONS.—Each State authorized to con16 duct a demonstration project under this section shall ob17 tain an evaluation by an independent contractor of the ef18 fectiveness of the project, using an evaluation design ap19 proved by the Secretary which provides for— 

20 ‘‘(1) comparison of methods of service delivery 

21 under the project, and such methods under a State 

22 plan or plans, with respect to efficiency, economy, 

23 and any other appropriate measures of program 

24 management; 


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1 ‘‘(2) comparison of outcomes for children and 

2 families (and groups of children and families) under 

3 the project, and such outcomes under a State plan 

4 or plans, for purposes of assessing the effectiveness 

5 of the project in achieving program goals; and 

6 ‘‘(3) any other information that the Secretary 

7 may require. 

8 ‘‘(g) REPORTS.— 

9 ‘‘(1) STATE REPORTS; PUBLIC AVAILABILITY.— 

10 Each State authorized to conduct a demonstration 

11 project under this section shall— 

12 ‘‘(A) submit periodic reports to the Sec13 retary on the specific programs, activities, and 

14 strategies used to improve outcomes for infants, 

15 children, youth, and families and the results 

16 achieved for infants, children, and youth during 

17 the conduct of the demonstration project, in18 cluding with respect to those infants, children, 

19 and youth who are prevented from entering fos20 ter care, infants, children, and youth in foster 

21 care, and infants, children, and youth who move 

22 from foster care to permanent families; and 

23 ‘‘(B) post a copy of each such report on 

24 the website for the State child welfare program 


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1 concurrent with the submission of the report to 

2 the Secretary. 

3 ‘‘(2) REPORTS TO CONGRESS.—The Secretary 

4 shall submit to the Committee on Ways and Means 

5 of the House of Representatives and the Committee 

6 on Finance of the Senate— 

7 ‘‘(A) periodic reports based on the State 

8 reports submitted under paragraph (1); and 

9 ‘‘(B) a report based on the results of the 

10 State evaluations required under subsection (f) 

11 that includes an analysis of the results of such 

12 evaluations and such recommendations for ad13 ministrative or legislative changes as the Sec14 retary determines appropriate.’’; and 

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

16 ‘‘(i) INDIAN TRIBES OPERATING IV–E PROGRAMS

17 CONSIDERED STATES.—An Indian tribe, tribal organiza18 tion, or tribal consortium that has elected to operate a 

19 program under part E of title IV in accordance with sec20 tion 479B shall be considered a State for purposes of this 

21 section.’’. 

22 TITLE III—BUDGET PROVISIONS 

23 SEC. 301. BUDGETARY EFFECTS. 

24 The budgetary effects of this Act, for the purpose of 

25 complying with the Statutory Pay-As-You-Go Act of 2010, 


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1 shall be determined by reference to the latest statement 

2 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

3 Act, submitted for printing in the Congressional Record 

4 by the Chairman of the Senate Budget Committee, pro5 vided that such statement has been submitted prior to the 

6 vote on passage. 

Passed the House of Representatives September 21, 

2011. 

Attest: KAREN L. HAAS, 

Clerk. 


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