H. R. 2491—856
been in such care within the preceding 12 months can
readily be determined;
‘‘(B) a case review system (as defined in section 437(4))
for each child receiving foster care under the supervision
of the State; and
‘‘(C) a service program designed to help children, where
appropriate, return to families from which they have been
removed or be placed for adoption or legal guardianship.
‘‘(b) ADDITIONAL REQUIREMENTS.—A State shall not receive a
grant under section 431(a) unless such State—
‘‘(1) has completed an inventory of the type specified in
subsection (a)(1);
‘‘(2) has implemented and is operating the program and
systems specified in subsection (a)(2); and
‘‘(3) has implemented a preplacement preventive service
program designed to help children remain with their families.
‘‘(c) PRESUMPTION FOR EXPENDITURES.—Any amounts expended
by a State for the purpose of complying with the requirements
of subsection (a) or (b) shall be conclusively presumed to have
been expended for child welfare services.
‘‘SEC. 436. DATA COLLECTION AND REPORTING.
‘‘(a) ANNUAL REPORTS ON STATE CHILD WELFARE GOALS.—On
the date that is 3 years after the effective date of this subpart
and annually thereafter, each State to which a grant is made
under section 431(a) shall submit to the Secretary a report that
contains quantitative information on the extent to which the State
is making progress toward achieving the goals of the State child
protection program.
‘‘(b) STATE DATA REPORTS.—
‘‘(1) BIANNUAL REPORTS.—Each State to which a grant is
made under section 431(a) shall biannually submit to the Sec-
retary a report that includes the following information with
respect to each child within the State receiving publicly-sup-
ported child welfare services under the State program funded
under this subpart:
‘‘(A) Whether the child received services under the
program funded under this subpart.
‘‘(B) The age, gender, and family income of the parents
and child.
‘‘(C) The county of residence of the child.
‘‘(D) Whether the child was removed from the family.
‘‘(E) Whether the child entered foster care under the
responsibility of the State.
‘‘(F) The type of out-of-home care in which the child
was placed (including institutional care, group home care,
family foster care, or relative placement).
‘‘(G) The child’s permanency planning goal, such as
family reunification, kinship care, adoption, or independent
living.
‘‘(H) Whether the child was released for adoption.
‘‘(I) Whether the child exited from foster care, and,
if so, the reason for the exit, such as return to family,
placement with relatives, adoption, independent living, or
death.
‘‘(J) Other information as required by the Secretary
and agreed to by a majority of the States, including
H. R. 2491—857
information necessary to ensure a that there is a smooth
transition of data from the Adoption and Foster Care
Analysis and Reporting Systems and the National Center
on Abuse and Neglect Data System to the data reporting
system required under this section.
‘‘(2) ANNUAL REPORTS.—Each State to which a grant is
made under section 431(a) shall annually submit to the Sec-
retary a report that includes the following information:
‘‘(A) The number of children reported to the State
during the year as alleged victims of abuse or neglect.
‘‘(B) The number of children for whom an investigation
of alleged maltreatment resulted in a determination of
substantiated abuse or neglect, the number for whom a
report of maltreatment was unsubstantiated, and the num-
ber for whom a report of maltreatment was determined
to be false.
‘‘(C) The number of families that received preventive
services.
‘‘(D) The number of infants abandoned during the year,
the number of such infants who were adopted, and the
length of time between abandonment and adoption.
‘‘(E) The number of deaths of children resulting from
child abuse or neglect.
‘‘(F) The number of deaths occurring while children
were in the custody of the State.
‘‘(G) The number of children served by the State
independent living program.
‘‘(H) 
Quantitative 
measurements 
demonstrating
whether the State is making progress toward the child
protection goals identified by the State.
‘‘(I) The types of maltreatment suffered by victims
of child abuse and neglect.
‘‘(J) The number of abused and neglected children
receiving services.
‘‘(K) The average length of stay of children in out-
of-home care.
‘‘(L) The response of the State to the findings and
recommendations of the citizen review panels established
under section 434.
‘‘(M) Other information as required by the Secretary
and agreed to by a majority of the States, including
information necessary to ensure a that there is a smooth
transition of data from the Adoption and Foster Care
Analysis and Reporting Systems and the National Center
on Abuse and Neglect Data System to the data reporting
system required under this section.
‘‘(c) AUTHORITY OF STATES TO USE ESTIMATES.—
‘‘(1) IN GENERAL.—A State may comply with a requirement
to provide precise numerical information described in subsection
(b) by submitting an estimate which is obtained through the
use of scientifically acceptable sampling methods.
‘‘(2) SECRETARIAL REVIEW OF SAMPLING METHODS.—The Sec-
retary shall periodically review the sampling methods used
by a State to comply with a requirement to provide information
described in subsection (b). The Secretary may require a State
to revise the sampling methods so used if such methods do
not meet scientific standards and shall impose the penalty
H. R. 2491—858
described in section 431(f)(4) upon a State if a State has not
complied with such requirements.
‘‘(d) SCOPE OF STATE PROGRAM FUNDED UNDER THIS SUBPART.—
As used in subsection (b), the term ‘State program funded under
this subpart’ includes any equivalent State program.
‘‘SEC. 437. DEFINITIONS.
‘‘For purposes of this subpart, the following definitions shall
apply:
‘‘(1) ADMINISTRATIVE
REVIEW.—The term ‘administrative
review’ means a review open to the participation of the parents
of the child, conducted by a panel of appropriate persons at
least one of whom is not responsible for the case management
of, or the delivery of services to, either the child or the parents
who are the subject of the review.
‘‘(2) ADOPTION ASSISTANCE AGREEMENT.—The term ‘adop-
tion assistance agreement’ means a written agreement, binding
on the parties to the agreement, between the State, other
relevant agencies, and the prospective adoptive parents of a
minor child which at a minimum—
‘‘(A) specifies the nature and amount of any payments,
services, and assistance to be provided under such agree-
ment; and
‘‘(B) stipulates that the agreement shall remain in
effect regardless of the State of which the adoptive parents
are residents at any given time.
The agreement shall contain provisions for the protection
(under an interstate compact approved by the Secretary or
otherwise) of the interests of the child in cases where the
adoptive parents and child move to another State while the
agreement is effective.
‘‘(3) CASE PLAN.—The term ‘case plan’ means a written
document which includes at least the following:
‘‘(A) A description of the type of home or institution
in which a child is to be placed, including a discussion
of the appropriateness of the placement and how the agency
which is responsible for the child plans to carry out the
voluntary placement agreement entered into or judicial
determination made with respect to the child in accordance
with section 432(a)(1).
‘‘(B) A plan for assuring that the child receives proper
care and that services are provided to the parents, child,
and foster parents in order to improve the conditions in
the parents’ home, facilitate return of the child to his
or her own home or the permanent placement of the child,
and address the needs of the child while in foster care,
including a discussion of the appropriateness of the services
that have been provided to the child under the plan.
‘‘(C) To the extent available and accessible, the health
and education records of the child, including—
‘‘(i) the names and addresses of the child’s health
and educational providers;
‘‘(ii) the child’s grade level performance;
‘‘(iii) the child’s school record;
‘‘(iv) assurances that the child’s placement in foster
care takes into account proximity to the school in which
the child is enrolled at the time of placement;
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‘‘(v) a record of the child’s immunizations;
‘‘(vi) the child’s known medical problems;
‘‘(vii) the child’s medications; and
‘‘(viii) any other relevant health and education
information concerning the child determined to be
appropriate by the State.
Where appropriate, for a child age 16 or over, the case
plan must also include a written description of the pro-
grams and services which will help such child prepare
for the transition from foster care to independent living.
‘‘(4) CASE REVIEW SYSTEM.—The term ‘case review system’
means a procedure for assuring that—
‘‘(A) each child has a case plan designed to achieve
placement in the least restrictive (most family like) and
most appropriate setting available and in close proximity
to the parents’ home, consistent with the best interest
and special needs of the child, which—
‘‘(i) if the child has been placed in a foster family
home or child-care institution a substantial distance
from the home of the parents of the child, or in a
State different from the State in which such home
is located, sets forth the reasons why such placement
is in the best interests of the child; and
‘‘(ii) if the child has been placed in foster care
outside the State in which the home of the parents
of the child is located, requires that, periodically, but
not less frequently than every 12 months, a caseworker
on the staff of the State in which the home of the
parents of the child is located, or of the State in which
the child has been placed, visit such child in such
home or institution and submit a report on such visit
to the State in which the home of the parents of
the child is located;
‘‘(B) the status of each child is reviewed periodically
but no less frequently than once every 6 months by either
a court or by administrative review (as defined in para-
graph (1)) in order to determine the continuing necessity
for and appropriateness of the placement, the extent of
compliance with the case plan, and the extent of progress
which has been made toward alleviating or mitigating the
causes necessitating placement in foster care, and to project
a likely date by which the child may be returned to the
home or placed for adoption or legal guardianship;
‘‘(C) with respect to each such child, procedural safe-
guards will be applied, among other things, to assure each
child in foster care under the supervision of the State
of a dispositional hearing to be held, in a family or juvenile
court or another court (including a tribal court) of com-
petent jurisdiction, or by an administrative body appointed
or approved by the court, no later than 18 months after
the original placement (and not less frequently than every
12 months thereafter during the continuation of foster
care), which hearing shall determine the future status of
the child (including whether the child should be returned
to the parent, should be continued in foster care for a
specified period, should be placed for adoption, or should
(because of the child’s special needs or circumstances) be