I 
110TH CONGRESS 
2D SESSION 
H. R. 5466 
To improve outcomes for vulnerable children by investing in families, improv-
ing accountability in the child welfare system, and finding safe, stable, 
and permanent homes for foster children. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 14, 2008 
Mr. MCDERMOTT (for himself, Mr. STARK, Mr. LEWIS of Georgia, Ms. BERK-
LEY, Mr. DAVIS of Alabama, Ms. DELAURO, and Mr. FATTAH) intro-
duced the following bill; which was referred to the Committee on Ways 
and Means 
A BILL 
To improve outcomes for vulnerable children by investing 
in families, improving accountability in the child welfare 
system, and finding safe, stable, and permanent homes 
for foster children. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Investment in Kids’ 
Instruction, Development and Support Act’’ or the ‘‘Invest 
in KIDS Act’’. 
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SEC. 2. TABLE OF CONTENTS. 
The table of contents of this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—PROVIDING SERVICES TO STRENGTHEN FAMILIES AND 
REDUCE THE NEED FOR FOSTER CARE 
Sec. 101. Child and family services program. 
TITLE II—ENSURING FEDERAL FOSTER COVERAGE FOR ALL 
CHILDREN IN NEED 
Sec. 201. Expanded eligibility for foster care and adoption assistance. 
Sec. 202. Flexibility to establish separate standards for relative foster family 
homes. 
Sec. 203. Application of standards to all children. 
TITLE III—SUPPORTING A QUALIFIED CHILD WELFARE 
WORKFORCE 
Sec. 301. Child welfare service quality improvement grants. 
Sec. 302. Increase in payment rate for States for expenditures for short term 
training of staff of certain child welfare agencies and court per-
sonnel. 
TITLE IV—CONNECTING CHILDREN TO SUPPORT, FAMILY, 
HEALTH CARE, AND SCHOOL 
Subtitle A—Connection to Support 
Sec. 401. State option for children in foster care after attaining age 18. 
Subtitle B—Connections to Family 
Sec. 411. Kinship guardianship assistance payments for children. 
Sec. 412. Family connection grants. 
Sec. 413. Information on adoption tax credit. 
Sec. 414. Adoption incentives program. 
Sec. 415. Sibling placement. 
Subtitle C—Connections to Health Care 
Sec. 421. Health oversight and coordination plan. 
Subtitle D—Connections to School 
Sec. 431. Educational stability. 
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TITLE I—PROVIDING SERVICES 
TO 
STRENGTHEN 
FAMILIES 
AND REDUCE THE NEED FOR 
FOSTER CARE 
SEC. 101. CHILD AND FAMILY SERVICES PROGRAM. 
(a) CHILD AND FAMILY SERVICES COMPONENT OF 
STATE PLAN.—Section 471(a) of the Social Security Act 
(42 U.S.C. 671(a)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(26); 
(2) by striking the period at the end of para-
graph (27) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(28) at the option of the State, includes a 
child and family services component that describes 
in detail— 
‘‘(A) how the State intends to spend the 
funds provided under section 474(a)(5), and an 
assurance that the State will submit to the Sec-
retary reports on annual spending of the funds 
in accordance with a detailed, uniform system 
which shall be developed by the Secretary; 
‘‘(B) the goals the State intends to achieve 
with the expenditure of the funds; and 
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‘‘(C) the process by which the State in-
tends to assess the effects of the expenditure of 
the funds on— 
‘‘(i) the goals referred to in subpara-
graph (B) of this paragraph; and 
‘‘(ii) other indicators of child welfare 
performance; and 
‘‘(D) whether the State intends to spend 
funds provided under section 474(a)(5) to im-
plement, in whole or in part, a corrective action 
plan referred to in subsection (b)(2)(B) of this 
section.’’. 
(b) APPROVAL OF CHILD AND FAMILY SERVICES 
COMPONENT.—Section 471(b) of such Act (42 U.S.C. 
671(b)) is amended to read as follows: 
‘‘(b)(1) The Secretary shall approve any plan which 
complies with subsection (a), subject to paragraph (2) of 
this subsection. 
‘‘(2)(A) The Secretary may not approve the child and 
family services component of a plan submitted pursuant 
to this part if there is in effect a final determination under 
section 1123A that a State program under part B or this 
part has failed to substantially conform with the require-
ments, regulations, and plans referred to in section 
1123A(a) that apply to the program, unless the State is 
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implementing a corrective action plan referred to in sec-
tion 1123A(b)(4)(A) with respect to the failure. The Sec-
retary may disapprove the component if the State is not 
making meaningful progress in ending the failure to so 
conform. 
‘‘(B) The Secretary may disapprove the child and 
family services component of a plan submitted pursuant 
to this part if— 
‘‘(i) the component describes an intention of the 
State to expend funds using a method that is sub-
stantially similar to a specific method used by the 
State to expend funds pursuant to the State plan 
approved under this part in not less than 2 of the 
5 most recently preceding fiscal years; and 
‘‘(ii) the prior spending failed to result in mean-
ingful progress towards achieving the goals described 
in the plan pursuant to subsection (a)(28)(B), deter-
mined on the basis of the process referred to in sub-
section (a)(28)(C).’’. 
(c) PAYMENTS TO STATES.—Section 474(a) of such 
Act (42 U.S.C. 674(a)) is amended— 
(1) by striking the period at the end of para-
graph (4) and inserting ‘‘; plus’’; and 
(2) by adding at the end the following: 
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‘‘(5) an amount equal to the Federal medical 
assistance percentage (as defined in section 1905(b)) 
of the total amount expended during such quarter to 
provide (and evaluate the provision of) services 
which seek to— 
‘‘(A) safely reduce the number of children 
in foster care; 
‘‘(B) safely reduce the length of stay for 
children in foster care; 
‘‘(C) increase the percentage of foster chil-
dren who are cared for in family-like settings; 
and 
‘‘(D) improve the well-being of children in 
foster care, in an adoption eligible for payments 
under section 473, or in a kinship guardianship 
arrangement eligible for payments under section 
473(d); and’’. 
(d) APPLICABILITY
TO INDIAN TRIBES.—Section 
479B(b)(2)(A)(i) of such Act, as added by section 
201(e)(2) of this Act, is amended by striking ‘‘(1) and 
(2)’’ and inserting ‘‘(1), (2), and (5)’’. 
(e) NONSUPPLANTATION.—Section 474 of such Act 
(42 U.S.C. 674) is amended by adding at the end the fol-
lowing: 
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‘‘(g) A State to which funds are paid under sub-
section (a)(5) shall use those funds to supplement and not 
supplant any Federal, State or local funds used for serv-
ices described in such subsection.’’. 
TITLE II—ENSURING FEDERAL 
FOSTER COVERAGE FOR ALL 
CHILDREN IN NEED 
SEC. 201. EXPANDED ELIGIBILITY FOR FOSTER CARE AND 
ADOPTION ASSISTANCE. 
(a) FOSTER CARE.— 
(1) ELIMINATION OF INCOME ELIGIBILITY RE-
QUIREMENT.— 
(A) IN GENERAL.—Section 472(a) of the 
Social Security Act (42 U.S.C. 672(a)) is 
amended— 
(i) in paragraph (1), by striking 
‘‘specified’’ and all that follows and insert-
ing ‘‘or caretaker into foster care if the re-
moval and foster care placement met, and 
continues to meet, the requirements of 
paragraph (2).’’; and 
(ii) by striking paragraphs (3) and 
(4). 
(B) CONFORMING
AMENDMENT.—Section 
470 of such Act (42 U.S.C. 670) is amended by 
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striking ‘‘who otherwise would have been eligi-
ble for assistance under the State’s plan ap-
proved under part A (as such plan was in effect 
on June 1, 1995)’’. 
(2) FOSTER
CARE
MAINTENANCE
PAYMENTS 
MATCH
RATE.—Section 474 (42 U.S.C. 674), as 
amended by section 101(e) of this Act, is amended— 
(A) in subsection (a)(1), by inserting ‘‘, 
subject to subsection (h)(1)’’ before the semi-
colon; and 
(B) by adding at the end the following: 
‘‘(h)(1)(A) The Secretary shall reduce the percentage 
by which expenditures referred to in subsection (a)(1) are 
reimbursed, by such equal percentage for all States as may 
be necessary to ensure that— 
‘‘(i) the ratio, for any calendar quarter, of 
the total of the amounts payable to States 
under such subsection to the total of all 
amounts expended by the States as foster care 
maintenance payments (whether or not eligible 
for reimbursement under this part), excluding 
any expenditure made from other funds pro-
vided by the Federal Government; equals 
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‘‘(ii) the average such ratio for the 12 
quarters most recently preceding the effective 
date of this subsection. 
‘‘(B)(i) The Secretary shall establish procedures to 
allow States to submit to the Secretary supplemental 
claims for reimbursement of expenditures referred to in 
subsection (a)(1) incurred during the 3-year period begin-
ning with the effective date of this subsection. 
‘‘(ii) A supplemental claim for reimbursement of ex-
penditures referred to in subsection (a)(1) that is sub-
mitted by a State may be for an amount that does not 
exceed the amount (if any) by which— 
‘‘(I) the maximum amount the State lawfully 
could have claimed under this section with respect to 
the expenditures, if this subsection had not been en-
acted; exceeds 
‘‘(II) the amount the State otherwise claims 
under this section with respect to the expenditures. 
‘‘(iii) The Secretary shall pay to a State that submits 
a supplemental claim in accordance with this subpara-
graph the total amount claimed. 
‘‘(C) For each State with respect to which a claim 
has been paid under subparagraph (B) of this paragraph, 
the Secretary shall— 
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‘‘(i) calculate the overall rate at which the ex-
penditures referred to in subsection (a)(1) have been 
reimbursed under this part during the 3-year period 
described in subparagraph (B) of this paragraph; 
and 
‘‘(ii) for each subsequent calendar quarter, re-
imburse the expenditures at the overall rate.’’. 
(b) ADOPTION ASSISTANCE.— 
(1) ELIMINATION OF INCOME ELIGIBILITY RE-
QUIREMENT.—Section 473(a)(2) of such Act (42 
U.S.C. 673(a)(2)) is amended to read as follows: 
‘‘(2)(A) For purposes of paragraph (1)(B)(ii), a 
child meets the requirements of this paragraph if the 
child— 
‘‘(i)(I) at the time adoption proceedings 
were initiated, had been removed from his or 
her home— 
‘‘(aa) pursuant to a voluntary place-
ment agreement with respect to which 
Federal payments are provided under sec-
tion 474; or 
‘‘(bb) as a result of a judicial deter-
mination to the effect that continuation 
therein would be contrary to the welfare of 
the child; 
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‘‘(II) is eligible for supplemental security 
income benefits under title XVI; or 
‘‘(III) is a child whose costs in a foster 
family home or child-care institution are cov-
ered by the foster care maintenance payments 
being made with respect to the minor parent of 
the child as described in section 475(4)(B); and 
‘‘(ii) has been determined by the State, 
pursuant to subsection (c), to be a child with 
special needs. 
‘‘(B) A child who meets the requirements 
of subparagraph (A)(ii) of this paragraph, who 
was determined eligible for adoption assistance 
payments under this part with respect to a 
prior adoption, and who is available for adop-
tion because the prior adoption has been dis-
solved and the parental rights of the adoptive 
parents have been terminated or because the 
child’s adoptive parents have died, shall be 
treated as meeting the requirements of this 
paragraph 
for 
purposes 
of 
paragraph 
(1)(B)(ii).’’. 
(2) ADOPTION ASSISTANCE PAYMENTS MATCH 
RATE.—Section 474 of such Act (42 U.S.C. 674) is 
amended— 
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(A) in subsection (a)(2), by inserting ‘‘, 
subject to subsection (h)(2)’’ before the semi-
colon; and 
(B) by adding at the end of subsection (h) 
(as added by subsection (a)(2)(B) of this sec-
tion) the following: 
‘‘(2)(A) The Secretary shall reduce the percentage by 
which the expenditures referred to in subsection (a)(2) are 
reimbursed, by such equal percentage for all States as may 
be necessary to ensure that— 
‘‘(i) the ratio, for any calendar quarter, of the 
total of the amounts payable to States under such 
subsection to the total of all amounts expended by 
the States as adoption assistance payments (whether 
or not eligible for reimbursement under this part), 
excluding any expenditure made from other funds 
provided by the Federal Government; equals 
‘‘(ii) the average such ratio for the 12 quarters 
most recently preceding the effective date of this 
subsection. 
‘‘(B)(i) The Secretary shall establish procedures to 
allow States to submit to the Secretary supplemental 
claims for reimbursement of expenditures referred to in 
subsection (a)(2) incurred during the 3-year period begin-
ning with the effective date of this subsection. 
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‘‘(ii) A supplemental claim for reimbursement of ex-
penditures referred to in subsection (a)(2) that is sub-
mitted by a State may be for an amount that does not 
exceed the amount (if any) by which— 
‘‘(I) the maximum amount the State lawfully 
could have claimed under this section with respect to 
the expenditures, if this subsection had not been en-
acted; exceeds 
‘‘(II) the amount the State otherwise claims 
under this section with respect to the expenditures. 
‘‘(iii) The Secretary shall pay to a State that submits 
a supplemental claim in accordance with this subpara-
graph the total amount claimed. 
‘‘(C) For each State with respect to which a claim 
has been paid under subparagraph (B) of this paragraph, 
the Secretary shall— 
‘‘(i) calculate the overall rate at which the ex-
penditures referred to in subsection (a)(2) have been 
reimbursed under this part during the 3-year period 
described in subparagraph (B) of this paragraph; 
and 
‘‘(ii) for each subsequent calendar quarter, re-
imburse the expenditures at the overall rate.’’. 
(c) ADMINISTRATIVE COSTS.— 
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(1) IN GENERAL.—Section 474 of such Act (42 
U.S.C. 674) is amended— 
(A) in subsection (a)(3)(E), by inserting ‘‘, 
subject to subsection (h)(3)’’ after ‘‘expendi-
tures’’; and 
(B) by adding at the end of subsection (h) 
(as added by subsection (a)(2)(B) of this sec-
tion) the following: 
‘‘(3)(A) The Secretary shall reduce the percentage by 
which the expenditures referred to in subsection (a)(3)(E) 
are reimbursed, by such equal percentage for all States 
as may be necessary to ensure that— 
‘‘(i) the ratio, for any calendar quarter, of the 
total of the amounts payable to States under sub-
section (a)(3)(E) to the total of all amounts ex-
pended by the States for expenditures referred to in 
such subsection (whether or not eligible for reim-
bursement under this part), excluding any expendi-
ture made from other funds provided by the Federal 
Government; equals 
‘‘(ii) the average such ratio for the 12 quarters 
most recently preceding the effective date of this 
subsection. 
‘‘(B) The Secretary shall establish procedures to 
allow States to submit to the Secretary supplemental 
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claims for reimbursement of expenditures referred to in 
subsection (a)(3)(E) incurred during the 3-year period be-
ginning with the effective date of this subsection. 
‘‘(C) The Secretary shall pay a claim submitted pur-
suant to subparagraph (B) with respect to an expenditure, 
to the extent that, in the absence of this paragraph, an 
amount would be payable under this part with respect to 
the expenditure. 
‘‘(D) For each State with respect to which a claim 
has been paid under subparagraph (B) of this paragraph, 
the Secretary shall— 
‘‘(i) calculate the overall rate at which the ex-
penditures referred to in subsection (a)(3)(E) have 
been reimbursed under this part during the 3-year 
period described in subparagraph (B) of this para-
graph; and 
‘‘(ii) for each subsequent calendar quarter, re-
imburse the expenditures at the overall rate.’’. 
(2) LIMITATION
ON
EXPENDITURES
NOT
RE-
LATED TO PLACEMENT OR CASE MANAGEMENT AC-
TIVITIES.—Section 474 of such Act (42 U.S.C. 674), 
as amended by the preceding provisions of this sec-
tion, is amended by adding at the end the following: 
‘‘(i) A State shall not use more than 15 percent of 
the amounts paid to the State under subsection (a)(3)(E) 
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for expenditures relating to determining eligibility, setting 
rates for foster care homes and institutions, and the pro-
portionate share of related agency overhead.’’. 
(d) REMOVAL OF TITLE IV–E FROM FUNDING CAP 
FOR THE TERRITORIES.—Section 1108 of such Act (42 
U.S.C. 1308) is amended in each of subsections (a)(1) and 
(b)(1), by striking ‘‘parts A and E’’ and inserting ‘‘part 
A’’. 
(e) AUTHORITY
OF INDIAN TRIBES TO RECEIVE 
FEDERAL FUNDS FOR FOSTER CARE AND ADOPTION AS-
SISTANCE.— 
(1) CHILDREN PLACED IN TRIBAL CUSTODY EL-
IGIBLE
FOR
FOSTER
CARE
FUNDING.—Section 
472(a)(2)(B) of such Act (42 U.S.C. 672(a)(2)(B)) 
is amended— 
(A) by striking ‘‘or’’ at the end of clause 
(i); 
(B) by striking ‘‘and’’ and inserting ‘‘or’’ 
at the end of clause (ii); and 
(C) by adding at the end the following: 
‘‘(iii) an Indian tribe or tribal organi-
zation (as defined in section 479B(e)) or 
an intertribal consortium, if the Indian 
tribe, tribal organization, or consortium— 
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‘‘(I) is operating a program pur-
suant to section 479B; 
‘‘(II) has a cooperative agree-
ment with a State pursuant to section 
479B(c); or 
‘‘(III) submits to the Secretary a 
description 
of 
the 
arrangements 
(jointly developed or developed in con-
sultation with the State) made by the 
Indian tribe, tribal organization, or 
consortium for the payment of funds 
and the provision of the child welfare 
services and protections required by 
this title; and’’. 
(2) PROGRAMS OPERATED BY INDIAN TRIBAL 
ORGANIZATIONS.—Part E of title IV of such Act (42 
U.S.C. 670 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL OR-
GANIZATIONS. 
‘‘(a) APPLICATION.—Except as provided in sub-
section (b), this part shall apply to an Indian tribe or trib-
al organization that elects to operate a program under this 
part in the same manner as this part applies to a State. 
‘‘(b) MODIFICATION OF PLAN REQUIREMENTS.— 
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‘‘(1) SERVICE AREA; STANDARDS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), in the case of an Indian tribe or 
tribal organization submitting a plan for ap-
proval under section 471, the plan shall— 
‘‘(i) in lieu of the requirement of sec-
tion 471(a)(3), identify the service area or 
areas and population to be served by the 
Indian tribe or tribal organization; and 
‘‘(ii) in lieu of the requirement of sec-
tion 471(a)(10), provide for the approval 
of foster homes pursuant to tribal stand-
ards and in a manner that ensures the 
safety of, and accountability for, children 
placed in foster care. 
‘‘(B) SPECIAL RULE.—With respect to an 
Indian tribe located in the State of Alaska— 
‘‘(i) subparagraph (A)(ii) of this para-
graph shall not apply; and 
‘‘(ii) 
the 
requirement 
of 
section 
471(a)(10) shall apply to a plan submitted 
by the tribe. 
‘‘(2) DETERMINATION OF FEDERAL SHARE.— 
‘‘(A) PER CAPITA INCOME.— 
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‘‘(i) IN
GENERAL.—For purposes of 
determining the Federal medical assistance 
percentage applicable to an Indian tribe or 
tribal organization under paragraphs (1) 
and (2) of section 474(a), the calculation 
of an Indian tribe’s or tribal organization’s 
per capita income shall be based on the 
service population of the Indian tribe or 
tribal organization as defined in its plan in 
accordance with paragraph (1)(A) of this 
subsection. 
‘‘(ii) CONSIDERATION OF OTHER IN-
FORMATION.—An Indian tribe or tribal or-
ganization may submit to the Secretary 
such information as the Indian tribe or 
tribal organization considers relevant to 
the calculation of the per capita income of 
the Indian tribe or tribal organization, and 
the Secretary shall consider such informa-
tion before making the calculation. 
‘‘(B) ADMINISTRATIVE
EXPENDITURES.— 
The Secretary shall, by regulation, determine 
the percentages to be paid to Indian tribes and 
tribal 
organizations 
pursuant 
to 
section 
474(a)(3), which shall not be less than the cor-
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responding percentages specified for a State in 
that section. 
‘‘(C) 
SOURCES
OF
NON-FEDERAL 
SHARE.—The Secretary shall make payments 
under section 474 with respect to expenditures 
of an Indian tribe or tribal organization, with-
out regard to the source of the funds used for 
the expenditure. 
‘‘(3) MODIFICATION
OF
OTHER
REQUIRE-
MENTS.—Upon the request of an Indian tribe, a 
tribal organization, or a consortium of tribes or trib-
al organizations, the Secretary may modify any re-
quirement under this part if, after consulting with 
the Indian tribe, tribal organization, or consortium, 
the Secretary determines that modification of the re-
quirement would advance the best interests and the 
safety of children served by the Indian tribe, tribal 
organization, or consortium. 
‘‘(4) CONSORTIUM.—The participating Indian 
tribes or tribal organizations of an intertribal con-
sortium may develop and submit a single plan under 
section 471 that meets the requirements of this sec-
tion. 
‘‘(c) COOPERATIVE AGREEMENTS.—An Indian tribe, 
tribal organization, or intertribal consortium and a State 
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may enter into a cooperative agreement for the adminis-
tration or payment of funds pursuant to this part. In any 
case where an Indian tribe, tribal organization, or inter-
tribal consortium and a State enter into a cooperative 
agreement that incorporates any of the provisions of this 
section, those provisions shall be valid and enforceable. 
Any such cooperative agreement that is in effect as of the 
date of the enactment of this section, shall remain in full 
force and effect subject to the right of either party to the 
agreement to revoke or modify the agreement pursuant 
to the terms of the agreement. 
‘‘(d) REGULATIONS.—Not later than 1 year after the 
date of the enactment of this section, the Secretary shall, 
in full consultation with Indian tribes and tribal organiza-
tions, promulgate regulations to carry out this section. 
‘‘(e) DEFINITIONS OF INDIAN TRIBE; TRIBAL ORGA-
NIZATION.—In this section, the terms ‘Indian tribe’ and 
‘tribal organization’ have the meanings given those terms 
in subsections (e) and (l) of section 4 of the Indian Self- 
Determination and Education Assistance Act (25 U.S.C. 
450b), respectively, except that, with respect to the State 
of Alaska, the term ‘Indian tribe’ has the meaning given 
that term in section 419(4)(B) of this Act.’’. 
(f) CONFORMING CHANGES FOR FMAP FOR THE 
DISTRICT OF COLUMBIA.—Section 474(a) of such Act (42 
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U.S.C. 674(a)) is amended in each of paragraphs (1) and 
(2) by striking ‘‘(as defined in section 1905(b) of this 
Act)’’ inserting ‘‘(which shall be as defined in section 
1905(b), in the case of a State other than the District 
of Columbia, or 70 percent, in the case of the District 
of Columbia)’’. 
SEC. 202. FLEXIBILITY TO ESTABLISH SEPARATE STAND-
ARDS 
FOR 
RELATIVE 
FOSTER 
FAMILY 
HOMES. 
Section 471(a)(10) of the Social Security Act (42 
U.S.C. 671(a)(10)) is amended by inserting before the 
semicolon the following: ‘‘, and, at the option of the State, 
that the authority or authorities may— 
‘‘(A) establish and maintain separate 
standards for foster family homes in which a 
foster parent is a relative of the foster child, 
that, at a minimum, protect the safety of the 
child and provide for criminal records checks; 
and 
‘‘(B) apply the standards referred to in 
subparagraph (A) of this paragraph to any such 
relative foster care provider to whom funds are 
paid pursuant to section 472 or part B in lieu 
of the standards that would otherwise apply to 
a foster family home.’’. 
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SEC. 203. APPLICATION OF STANDARDS TO ALL CHILDREN. 
Section 471(a)(10) of the Social Security Act (42 
U.S.C. 671(a)(10)) is amended by striking ‘‘receiving 
funds under this part or part B of this title’’ and inserting 
‘‘caring for a child who is in the custody of the State’’. 
TITLE 
III—SUPPORTING 
A 
QUALIFIED CHILD WELFARE 
WORKFORCE 
SEC. 301. CHILD WELFARE SERVICE QUALITY IMPROVE-
MENT GRANTS. 
Part B of title IV of the Social Security Act (42 
U.S.C. 620–629i) is amended by adding at the end the 
following: 
‘‘Subpart 3—Supporting Quality Front Line Workers 
‘‘SEC. 441. CHILD WELFARE SERVICE QUALITY IMPROVE-
MENT GRANTS. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the Administration of Children and Families, shall make 
grants to States to improve the quality of child welfare 
services by increasing the quality and capacity of their 
child welfare workforce or by increasing the coordination 
of their child welfare services. 
‘‘(b) APPLICATIONS.— 
‘‘(1) CONTENTS.—A State desiring to receive a 
grant under this section shall submit to the Sec-
retary an application that includes the following: 
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‘‘(A) PLAN.—A detailed description of how 
the State intends to expend funds provided 
under this part to improve the performance of 
the State in such indicators set forth in para-
graph (2) as the State may select. 
‘‘(B) BASELINE
DATA.—The data de-
scribed by each indicator selected by the State 
under paragraph (1), with respect to all child 
welfare agencies in the State, for the fiscal year 
preceding the first fiscal year for which the 
grant is requested. 
‘‘(C) BUDGET.—A budget showing how the 
State would expend funds (including any grant 
funds provided under this section) for child wel-
fare services or the improvement of the services. 
‘‘(D) ASSURANCE.—An assurance that the 
State will submit to the Secretary reports on 
annual expenditures of the funds, and the ef-
fects of the expenditures on improving the per-
formance described in subparagraph (A). 
‘‘(2) INDICATORS.—The indicators set forth in 
this paragraph are the following: 
‘‘(A) The average number of children or 
families, per caseworker— 
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‘‘(i) for caseworkers who provide serv-
ices for abused or neglected children and 
their families; 
‘‘(ii) for caseworkers who provide 
services to strengthen and preserve fami-
lies with children; 
‘‘(iii) for caseworkers who provide 
adoption services; and 
‘‘(iv) for caseworkers who provide 
family foster care services. 
‘‘(B) The average rate at which super-
visory child welfare workers left employment, 
and at which nonsupervisory child welfare work-
ers left employment. 
‘‘(C) The average duration of employment 
of supervisory child welfare workers and of non-
supervisory child welfare workers. 
‘‘(D) The total number and percentage of 
supervisory child welfare workers and of non-
supervisory child welfare workers who have re-
ceived a bachelor’s or more advanced degree 
from an institution of higher education, in the 
aggregate, and broken down by field of study. 
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‘‘(E) The average number of staff for 
whom supervisory child welfare workers are re-
sponsible. 
‘‘(F) The range and scope of training op-
portunities, including numbers and percentage 
of supervisory child welfare staff and of non-
supervisory child welfare staff engaged in train-
ing programs. 
‘‘(3) AMENDMENT OF APPLICATIONS.—A State 
may at any time submit to the Secretary an amend-
ment to the application of the State under this sub-
section. On approval of such an amendment, the ap-
plication shall be considered to include the amend-
ment. 
‘‘(4) CONSIDERATION.—The Secretary may dis-
approve an application submitted pursuant to this 
subsection if— 
‘‘(A) the application describes a method by 
which the State intends to expend funds using 
a method that is substantially similar to a spe-
cific method used by the State to expend funds 
pursuant to the State plan approved under this 
part in not less than 2 of the 5 most recently 
preceding fiscal years; and 
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‘‘(B) the prior spending failed to result in 
meaningful progress in improving the perform-
ance of the State in the indicators selected by 
the State pursuant to paragraph (1)(A). 
‘‘(c) GRANTS.— 
‘‘(1) IN GENERAL.—On certification by the Sec-
retary that a State application for a grant under 
this section meets the requirements of subsection 
(b), and on approval by the Secretary of the applica-
tion, the State shall be eligible to receive a grant 
under this section for each fiscal year for which 
funds are available for such a grant. 
‘‘(2) GRANT
AMOUNT.—The Secretary shall 
make a grant to each State that is eligible to receive 
a grant under this section for a fiscal year, in an 
amount equal to the lesser of— 
‘‘(A) the amount finally allotted to or re-
served for the State under this subsection for 
the fiscal year; or 
‘‘(B) 3 times the amount that the State 
has committed to spend to carry out the activi-
ties described in the approved application. 
‘‘(3) RESERVATION OF FUNDS.— 
‘‘(A) PUERTO RICO.—The Secretary shall 
reserve 1.75 percent of the funds appropriated 
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pursuant to subsection (j) for each fiscal year, 
for a grant to Puerto Rico under this section 
for the fiscal year. If, for a fiscal year, Puerto 
Rico does not submit to the Secretary an appli-
cation that meets the requirements of sub-
section (b), the funds so reserved shall be avail-
able for allotment under paragraph (4) of this 
subsection for the succeeding fiscal year or (if 
the succeeding fiscal year is fiscal year 2009) 
remitted to the Treasury of the United States. 
‘‘(B) OTHER
TERRITORIES.—The Sec-
retary shall reserve 0.3 percent of the funds ap-
propriated pursuant to subsection (j) for each 
fiscal year, for grants among the United States 
Virgin Islands, Guam, American Samoa, and 
the Commonwealth of the Northern Mariana Is-
lands under this section in such amounts as the 
Secretary deems appropriate for the fiscal year. 
If, for a fiscal year, none of such territories 
submits to the Secretary an application that 
meets the requirements of subsection (b), the 
funds so reserved shall be available for allot-
ment under paragraph (4) of this subsection for 
the succeeding fiscal year or (if the succeeding 
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cordance with the approved application for the 
grant. 
‘‘(2) AVAILABILITY OF FUNDS.—A State that 
receives funds under this section shall remit to the 
Secretary any of such funds that remain unexpended 
by the State at the end of the 2-year period that be-
gins with the date of the receipt. 
‘‘(3) NONSUPPLANTATION.—A State to which a 
grant is made under this section shall use the grant 
to supplement and not supplant any Federal, State, 
or local funds used for child welfare services or child 
welfare training. 
‘‘(e) MONITORING.—The Secretary shall monitor the 
activities of grantees under this section to ensure compli-
ance with this section and any State plan of the grantee 
under subpart 1. 
‘‘(f) TECHNICAL ASSISTANCE.—The Secretary may 
provide technical assistance to any grantee to assist the 
grantee in improving the quality of child welfare services, 
including strategies to recruit, train, and retain high qual-
ity staff, and in complying with the provisions of law re-
ferred to in subsection (e). 
‘‘(g) ENFORCEMENT.— 
‘‘(1) IN GENERAL.—If the Secretary determines 
that, during a fiscal year, a grantee under this sec-
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tion has not complied with a requirement of this 
Act, the Secretary may— 
‘‘(A) in the case of the 1st such determina-
tion of noncompliance, reduce by not less than 
5 percent the amount of the grant otherwise 
payable to the grantee under this section for 
the fiscal year; 
‘‘(B) in the case of the 2nd such deter-
mination of noncompliance, reduce by not less 
than 25 percent the amount of the grant other-
wise payable to the grantee under this section 
for the fiscal year; and 
‘‘(C) in the case of the 3rd or any subse-
quent such determination of noncompliance, 
withhold the payment of a grant to the grantee 
under this section for any succeeding fiscal 
year, notwithstanding subsection (c). 
‘‘(2) RECOVERY.—In the case of a determina-
tion under paragraph (1) of grantee noncompliance, 
to the extent that a penalty cannot be imposed 
under paragraph (1), the Secretary shall require the 
grantee to remit to the Secretary the amount of the 
penalty not able to be so imposed. 
‘‘(h) EVALUATION.— 
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‘‘(1) IN GENERAL.—Not later than September 
30, 2009, the Secretary shall conduct an interim 
evaluation to determine whether the grantees under 
this section have improved the provision of child wel-
fare services beyond the level reflected in the base-
line data set forth in the applications submitted by 
the grantees under this section. 
‘‘(2) FINAL
REPORT.—Not later than Sep-
tember 30, 2010, the Secretary shall submit to the 
Congress a written report that contains the final 
evaluation of the Secretary. 
‘‘(i) REGULATIONS.—The Secretary shall prescribe 
such regulations as may be necessary to carry out this 
section, including regulations, developed in consultation 
with the States, representatives of the child welfare work-
force, and advocates for children and families, governing 
how to obtain baseline data for each indicator set forth 
in subsection (b)(2). 
‘‘(j) APPROPRIATION.—Out of any money in the 
Treasury of the United States not otherwise appropriated, 
there are appropriated to the Secretary not more than 
$200,000,000 for each of fiscal years 2009 through 2013 
to carry out this section. 
‘‘(k) DEFINITIONS.—In this section: 
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‘‘(1) ALASKA
NATIVE
ORGANIZATION.—The 
term ‘Alaska Native Organization’ means any orga-
nized group of Alaska Natives eligible to operate a 
Federal program under the Indian Self-Determina-
tion Act (25 U.S.C. 450f et seq.) or the designee of 
such a group. 
‘‘(2) CHILD
WELFARE
AGENCY.—The term 
‘child welfare agency’ means the State agency re-
sponsible for administering subpart 1, and any pub-
lic or private agency under contract with the State 
agency to provide child welfare services. 
‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ 
means any Indian tribe, band, Nation or other orga-
nized group or community of Indians, including any 
Alaska Native Organization, that is recognized as el-
igible for the special programs and services provided 
by the United States to Indians because of their sta-
tus as Indians. 
‘‘(4) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965. 
‘‘(5) STATE.—The term ‘State’ means each of 
the 50 States, the District of Columbia, Puerto Rico, 
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Guam, the United States Virgin Islands, American 
Samoa, and the Northern Mariana Islands.’’. 
SEC. 302. INCREASE IN PAYMENT RATE FOR STATES FOR 
EXPENDITURES FOR SHORT TERM TRAINING 
OF STAFF OF CERTAIN CHILD WELFARE 
AGENCIES AND COURT PERSONNEL. 
Section 474(a)(3)(B) of the Social Security Act (42 
U.S.C. 674(a)(3)(B)) is amended to read as follows: 
‘‘(B) 75 percent of so much of such ex-
penditures (including travel and per diem ex-
penses) as are for the short-term training of— 
‘‘(i) current or prospective foster or 
adoptive parents or relative guardians, or 
the members of the staff of State-licensed 
or State-approved child care institutions 
providing care, or of State-licensed or 
State-approved child welfare agencies pro-
viding services, to foster or adopted chil-
dren, or children residing permanently with 
a relative guardian, on behalf of whom as-
sistance is provided pursuant to this part; 
‘‘(ii) members of the staff of abuse 
and neglect courts, agency attorneys, attor-
neys representing children, parents, or 
guardians ad litem, or other court-ap-
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pointed special advocates representing chil-
dren in proceedings of such courts; and 
‘‘(iii) persons employed by State, 
local, or private nonprofit child-serving 
agencies that are working with the State 
or local agency administering the State 
plan under this part to keep children safe 
and provide permanent families for chil-
dren, 
in ways that increase the ability of such current 
or prospective parents, guardians, staff mem-
bers, institutions, attorneys, advocates, and per-
sons to provide support and assistance to foster 
and adopted children and children residing per-
manently with a relative guardian, whether in-
curred directly by the State or by contract;’’. 
TITLE 
IV—CONNECTING 
CHIL-
DREN TO SUPPORT, FAMILY, 
HEALTH CARE, AND SCHOOL 
Subtitle A—Connection to Support 
SEC. 401. STATE OPTION FOR CHILDREN IN FOSTER CARE 
AFTER ATTAINING AGE 18. 
(a) DEFINITION OF CHILD.—Section 475 of the So-
cial Security Act (42 U.S.C. 675) is amended by adding 
at the end the following: 
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‘‘(8)(A) Subject to subparagraph (B), the term 
‘child’ means an individual who has not attained 18 
years of age. 
‘‘(B) At the option of a State, such term shall 
include an individual in foster care under the re-
sponsibility of the State who— 
‘‘(i) has attained 18 years of age; and 
‘‘(ii) has not attained 19, 20, or 21 years 
of age, as the State may elect.’’. 
(b) CONFORMING AMENDMENT TO DEFINITION OF 
CHILD-CARE INSTITUTION.—Section 472(c)(2) of such 
Act (42 U.S.C. 672(c)(2)) is amended by inserting ‘‘, ex-
cept, in the case of a child who has attained 18 years of 
age, the term shall include a supervised setting in which 
the individual is living independently, in accordance with 
such conditions as the Secretary shall establish in regula-
tions’’ before the period. 
(c) EFFECTIVE DATE.—The amendments made by 
this section take effect on October 1, 2008. 
Subtitle B—Connections to Family 
SEC. 411. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS 
FOR CHILDREN. 
(a) STATE PLAN OPTION.—Section 471(a) of the So-
cial Security Act (42 U.S.C. 671(a)), as amended by sec-
tion 101(a) of this Act, is amended— 
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(1) by striking ‘‘and’’ at the end of paragraph 
(27); 
(2) by striking the period at the end of para-
graph (28) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(29) at the option of the State, provides for 
the State to enter into kinship guardianship assist-
ance agreements to provide kinship guardianship as-
sistance payments on behalf of children to grand-
parents and other relatives who have assumed legal 
guardianship of the children for whom they have 
cared as foster parents and for whom they have 
committed to care for on a permanent basis, as pro-
vided in section 473(d).’’. 
(b) IN GENERAL.—Section 473 of such Act (42 
U.S.C. 673) is amended by adding at the end the fol-
lowing: 
‘‘(d) KINSHIP
GUARDIANSHIP
ASSISTANCE
PAY-
MENTS FOR CHILDREN.— 
‘‘(1) 
KINSHIP
GUARDIANSHIP
ASSISTANCE 
AGREEMENT.— 
‘‘(A) IN
GENERAL.—In order to receive 
payments under section 474(a)(6), a State 
shall— 
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‘‘(i) negotiate and enter into a writ-
ten, binding kinship guardianship assist-
ance agreement with the prospective rel-
ative guardian of a child who meets the re-
quirements of this paragraph; 
‘‘(ii) provide the prospective relative 
guardian with a copy of the agreement; 
and 
‘‘(iii) certify that any child on whose 
behalf kinship guardianship assistance pay-
ments are made under the agreement shall 
be provided medical assistance under title 
XIX 
in 
accordance 
with 
section 
1902(a)(10)(A)(i)(I). 
‘‘(B) 
MINIMUM
REQUIREMENTS.—The 
agreement shall specify, at a minimum— 
‘‘(i) the amount of, and manner in 
which, each kinship guardianship assist-
ance payment will be provided under the 
agreement; 
‘‘(ii) the additional services and assist-
ance that the child and relative guardian 
will be eligible for under the agreement; 
‘‘(iii) the procedure by which the rel-
ative guardian may apply for additional 
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services as needed, provided the agency 
and relative guardian agree on the addi-
tional services as specified in the case plan; 
and 
‘‘(iv) subject to subparagraph (D), 
that the State will pay the total cost of 
nonrecurring expenses associated with ob-
taining legal guardianship of the child. 
‘‘(C) 
INTERSTATE
APPLICATION.—The 
agreement shall provide— 
‘‘(i) that the agreement shall remain 
in effect without regard to the State resi-
dency of the kinship guardian; and 
‘‘(ii) for the protection of the interests 
of the child in any case where the kinship 
guardian and the child move to another 
State while the agreement is in effect. 
‘‘(D) NO
EFFECT
ON
FEDERAL
REIM-
BURSEMENT.—Nothing in subparagraph (B)(iv) 
shall be construed as affecting the ability of the 
State to obtain reimbursement from the Fed-
eral Government for costs described in that 
subparagraph. 
‘‘(2) KINSHIP GUARDIANSHIP ASSISTANCE PAY-
MENT.— 
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‘‘(A) IN GENERAL.—The kinship guardian-
ship assistance payment shall be based on con-
sideration of the needs of the relative guardian 
and of the child and shall be at least equal to 
the amount of the foster care maintenance pay-
ment for which the child would have been eligi-
ble if the child had remained in foster care, or, 
at State option, the amount of the adoption as-
sistance payment for which the child would 
have been eligible if the child had been adopted. 
The payment may be readjusted periodically 
based on relevant changes in such needs. 
‘‘(B) LIMITATION.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), no kinship guardian-
ship assistance payment may be made to a 
relative guardian for any child who has at-
tained 18 years of age. 
‘‘(ii) EXCEPTIONS.—At the option of 
the State, a kinship guardianship assist-
ance payment may be made to a relative 
guardian with respect to a child who elects 
to remain in the care of the guardian until 
the child attains 21 years of age. 
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‘‘(3) CHILD’S
ELIGIBILITY
FOR
A
KINSHIP 
GUARDIANSHIP ASSISTANCE PAYMENT.— 
‘‘(A) IN GENERAL.—A child is eligible for 
a kinship guardianship assistance payment 
under this subsection if the State agency deter-
mines the following: 
‘‘(i) The child has been— 
‘‘(I) removed from his or her 
home pursuant to a voluntary place-
ment agreement or as a result of a ju-
dicial determination to the effect that 
continuation in the home would be 
contrary to the welfare of the child; 
‘‘(II) under the care of the State 
agency for the 12-month period end-
ing on the date of the agency deter-
mination; and 
‘‘(III) eligible for foster care 
maintenance payments under section 
472. 
‘‘(ii) Being returned home or adopted 
are not appropriate permanency options 
for the child. 
‘‘(iii) The child demonstrates a strong 
attachment to the prospective relative 
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