I 
108TH CONGRESS 
2D SESSION 
H. R. 4504 
To improve protections for children and to hold States accountable for the 
orderly and timely placement of children across State lines, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 3, 2004 
Mr. DELAY (for himself, Mr. HERGER, Mr. CRAMER, Ms. PRYCE of Ohio, 
Mrs. JOHNSON of Connecticut, Mr. CAMP, Mr. LEWIS of Kentucky, Mr. 
TOM DAVIS of Virginia, Mr. CARDOZA, Mr. MURPHY, and Ms. NORTON) 
introduced the following bill; which was referred to the Committee on 
Ways and Means 
A BILL 
To improve protections for children and to hold States ac-
countable for the orderly and timely placement of chil-
dren across State lines, and for other purposes. 
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 ‘‘Orderly and Timely 
Interstate Placement of Foster Children Act of 2004’’. 
SEC. 2. SENSE OF THE CONGRESS. 
(a) FINDING.—The Congress finds that the Inter-
state Compact on the Placement of Children (ICPC) was
drafted more than 40 years ago, is outdated, and is a bar-
rier to the timely placement of children across State lines. 
(b) SENSE OF THE CONGRESS.—It is the sense of 
the Congress that the States should expeditiously revise 
the ICPC to better serve the interests of children and re-
duce unnecessary work, and that the revision should in-
clude— 
(1) limiting its applicability to children in foster 
care under the responsibility of a State, except those 
seeking placement in a residential facility primarily 
to access clinical mental health services; and 
(2) providing for deadlines for the completion 
and approval of home studies as set forth in section 
4. 
SEC. 3. ORDERLY AND TIMELY PROCESS FOR INTERSTATE 
PLACEMENT OF CHILDREN. 
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 
(23); 
(2) by striking the period at the end of para-
graph (24) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(25) provide that the State shall have in effect 
procedures for the orderly and timely interstate
placement of children; and procedures implemented 
in accordance with an interstate compact approved 
by the Secretary, if incorporating with the proce-
dures prescribed by paragraph (26), shall be consid-
ered to satisfy the requirement of this paragraph.’’. 
SEC. 4. HOME STUDIES. 
(a) ORDERLY PROCESS.— 
(1) IN GENERAL.—Section 471(a) of the Social 
Security Act (42 U.S.C. 671(a)) is further amend-
ed— 
(A) by striking ‘‘and’’ at the end of para-
graph (24); 
(B) by striking the period at the end of 
paragraph (25) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(26) provides that— 
‘‘(A) within 60 days after the State re-
ceives from another State a request to conduct 
a study of a home environment for purposes of 
assessing the appropriateness of placing a child 
in the home, the State shall, directly or by con-
tract— 
‘‘(i) conduct and complete the study; 
and
‘‘(ii) return to the other State a re-
port on the results of the study, which 
shall address the extent to which place-
ment in the home would meet the needs of 
the child; 
‘‘(B) the State shall treat any report de-
scribed in subparagraph (A) that is received 
from another State (or from a private agency 
under contract with another State) as meeting 
any requirements imposed by the State for the 
completion of a home study before placing a 
child in the home, unless, within 7 days after 
receipt of the report, the State determines, 
based on grounds that are specific to the con-
tent of the report, that making a decision in re-
liance on the report would be contrary to the 
welfare of the child; and 
‘‘(C) the State shall not impose any re-
striction on the ability of a State agency admin-
istering, or supervising the administration of, a 
State program operated under a State plan ap-
proved under this part to contract with a pri-
vate agency for the conduct of a home study de-
scribed in subparagraph (A). ’’.
(2) SENSE OF THE CONGRESS.—It is the sense 
of the Congress that each State should— 
(A) use private agencies to conduct home 
studies when doing so is necessary to meet the 
requirements of section 471(a)(26) of the Social 
Security Act; and 
(B) give full faith and credit to any home 
study report completed by any other State with 
respect to the placement of a child in foster 
care or for adoption. 
(b) TIMELY INTERSTATE HOME STUDY INCENTIVE 
PAYMENTS.—Part E of title IV of the Social Security Act 
(42 U.S.C. 670–679b) is amended by inserting after sec-
tion 473A the following: 
‘‘SEC. 473B. TIMELY INTERSTATE HOME STUDY INCENTIVE 
PAYMENTS. 
‘‘(a) GRANT AUTHORITY.—The Secretary shall make 
a grant to each State that is a home study incentive-eligi-
ble State for a fiscal year in an amount equal to the timely 
interstate home study incentive payment payable to the 
State under this section for the fiscal year, which shall 
be payable in the immediately succeeding fiscal year. 
‘‘(b) HOME STUDY INCENTIVE-ELIGIBLE STATE.— 
A State is a home study incentive-eligible State for a fiscal 
year if—
‘‘(1) the State has a plan approved under this 
part for the fiscal year; 
‘‘(2) the State is in compliance with subsection 
(c) for the fiscal year; and 
‘‘(3) based on data submitted and verified pur-
suant to subsection (c), the State has completed a 
timely interstate home study during the fiscal year. 
‘‘(c) DATA REQUIREMENTS.— 
‘‘(1) IN GENERAL.—A State is in compliance 
with this subsection for a fiscal year if the State has 
provided to the Secretary a written report, covering 
the preceding fiscal year, that specifies— 
‘‘(A) the total number of interstate home 
studies requested by the State with respect to 
children in foster care under the responsibility 
of the State, and with respect to each such 
study, the identity of the other State involved; 
and 
‘‘(B) the total number of timely interstate 
home studies completed by the State with re-
spect to children in foster care under the re-
sponsibility of other States, and with respect to 
each such study, the identity of the other State 
involved.