Sec. 1. Short title; table of contents; references. 
TITLE I—EXPANDED ELIGIBILITY FOR ADOPTION ASSISTANCE 
AND FOSTER CARE 
Sec. 101. Adoption assistance. 
Sec. 102. Foster care maintenance payments. 
TITLE II—CHILD WELFARE REINVESTMENT FUNDING 
Sec. 201. Child welfare reinvestment funding. 
TITLE III—EFFECTIVE DATES 
Sec. 301. Effective dates. 
(c) REFERENCES.—Except as otherwise expressly 
provided, wherever in this Act an amendment or repeal 
is expressed in terms of an amendment to, or repeal of, 
a section or other provision, the amendment or repeal shall 
be considered to be made to a section or other provision 
of the Social Security Act. 
TITLE 
I—EXPANDED 
ELIGI-
BILITY FOR ADOPTION AS-
SISTANCE AND FOSTER CARE 
SEC. 101. ADOPTION ASSISTANCE. 
Section 473(a) (42 U.S.C. 673(a)) is amended by 
striking paragraph (2) and inserting the following: 
‘‘(2)(A) 
For 
the 
purposes 
of 
paragraph 
(1)(B)(ii), a child meets the requirements of this 
paragraph if the child— 
‘‘(i)(I) at the time of the adoption pro-
ceedings were initiated, had been removed from 
his or her home— 
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‘‘(aa) pursuant to a voluntary place-
ment agreement with respect to which 
Federal payments are made under section 
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, including such determination 
made on account of a voluntary relinquish-
ment; 
‘‘(II) was residing in a foster family home 
or in a child care institution with the child’s 
minor parent 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), who was determined eligible 
for adoption assistance payments under this part 
with respect to a prior adoption, and who is avail-
able for adoption because the prior adoption has 
been dissolved and the parental rights of the parents 
have been terminated or because the adoptive par-
ents have died, shall be treated as meeting the re-
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quirements of this paragraph for the purposes of 
paragraph (1)(B)(ii).’’. 
SEC. 102. FOSTER CARE MAINTENANCE PAYMENTS. 
(a) ELIMINATION OF INCOME ELIGIBILITY REQUIRE-
MENT.—Section 472(a) (42 U.S.C. 672(a)) is amended— 
(1) in paragraph (1), by striking ‘‘if’’ and all 
that follows and inserting ‘‘if the removal and foster 
care placement met, and the placement continues to 
meet, the requirements of paragraph (2).’’; and 
(2) by striking paragraphs (3) and (4). 
(b) CONFORMING AMENDMENT.—Section 470 (42 
U.S.C. 670) is amended by striking ‘‘who otherwise would 
have been eligible for assistance under the States plan ap-
proved under part A (as such plan was in effect on June 
1, 1995)’’. 
TITLE II—CHILD WELFARE 
REINVESTMENT FUNDING 
SEC. 201. CHILD WELFARE REINVESTMENT FUNDING. 
Section 474 (42 U.S.C. 674) is amended by adding 
at the end the following: 
‘‘(g) CHILD WELFARE REINVESTMENT FUND.— 
‘‘(1) IN GENERAL.—Each State with a plan ap-
proved under this part for a fiscal year may submit 
to the Secretary an application to— 
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‘‘(A) receive foster care maintenance pay-
ment savings achieved by reducing the total 
number of days children in the State experience 
in foster care during the fiscal year; and 
‘‘(B) use the savings to— 
‘‘(i) provide to children in the State 
family preservation services, family support 
services, time-limited family reunification 
services and adoption promotion and sup-
port services, as such terms are defined in 
section 431(a); and 
‘‘(ii) train the staff of State and local 
child welfare agencies, of child welfare 
service providers, or of providers of related 
services aimed at keeping children in their 
homes, on effective practices relating to 
the provision of any service referred to in 
this subparagraph. 
‘‘(2) CONTENTS OF APPLICATION.—An applica-
tion submitted by a State pursuant to this sub-
section shall contain— 
‘‘(A) an estimate of the the total number 
of placement days the State will experience for 
the fiscal year covered by the application, and 
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a detailed description of the methodology used 
to make the estimate; 
‘‘(B) a plan which— 
‘‘(i) sets forth a detailed description 
of how any amount paid to the State under 
this subsection would be used as described 
in paragraph (1)(B) of this subsection; 
‘‘(ii) contains the assurances described 
in section 422(b)(8); 
‘‘(iii) does not impair the entitlement 
of any qualified child or family to benefits 
under the State plan approved under this 
part; and 
‘‘(iv) is consistent with any corrective 
action plan that the State may be imple-
menting pursuant to section 1123A; and 
‘‘(C) such other information as the Sec-
retary may require. 
‘‘(3) APPROVAL OF APPLICATIONS.—Beginning 
October 1, 2008, the Secretary may approve an ap-
plication submitted by a State pursuant to this sub-
section if— 
‘‘(A) the State and the Secretary have 
agreed on the State’s estimate of the total num-
ber of placement days the State will experience 
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for the fiscal year covered by the application; 
and 
‘‘(B) the approval of the application would 
not— 
‘‘(i) result in the State violating any 
assurances made by the State pursuant to 
section 422(b)(8); or 
‘‘(ii) result in the impairment of the 
entitlement of any qualified child or family 
to benefits under the State plan approved 
under this part. 
‘‘(4) PAYMENTS TO STATES.— 
‘‘(A) IN
GENERAL.—In addition to any 
other payment under this part for a fiscal year 
for which a State application under this sub-
section is approved by the Secretary, the State 
shall be entitled to receive from the Secretary 
an amount equal to the lesser of— 
‘‘(i) the foster care maintenance pay-
ment savings achieved by the State for the 
fiscal year; or 
‘‘(ii) the Federal medical assistance 
percentage (as defined in section 1905(b)) 
of the total of the amounts expended by 
the State during the fiscal year to carry 
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care institution, or the home of a rel-
ative of the child (whether or not a 
foster care maintenance payment is 
made on behalf of the child to the 
family foster home, child care institu-
tion, or relative), and during which 
the State retains legal responsibility 
for the placement and care of the 
child. 
‘‘(C) TIMING.—The Secretary shall make 
the payment to which a State is entitled under 
this subsection for a fiscal year, at the end of 
the fiscal year. 
‘‘(5) USE OF FUNDS.— 
‘‘(A) IN
GENERAL.—A State to which 
funds are paid under this subsection may use 
the funds only in accordance with the approved 
application of the State under this subsection. 
‘‘(B) LIMITATION
ON
USE
FOR
STAFF 
COSTS.—A State may not use any funds paid to 
the State under this subsection to cover the sal-
aries or related costs of any staff of any State 
or local child welfare agency, except to the ex-
tent the staff are directly engaged in carrying 
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out an activity referred to in paragraph 
(4)(A)(ii). 
‘‘(6) AVAILABILITY OF FUNDS.—Funds paid to 
a State under paragraph (4) shall remain available 
to the State for expenditure through the end of the 
5th fiscal year ending after the date paid. 
‘‘(7) REPORT.—As soon as practicable after 
each fiscal year for which a State has received funds 
under this part, the State shall prepare and submit 
to the Secretary a written report on the services pro-
vided through use of the funds, and the effects of 
the provision of the services on the outcomes of chil-
dren in the State.’’. 
TITLE III—EFFECTIVE DATES 
SEC. 301. EFFECTIVE DATES. 
(a) ADOPTION ASSISTANCE.—The amendment made 
by section 101 shall take effect on October 1, 2008, and 
shall apply to adoption assistance agreements executed on 
or after that date. 
(b) FOSTER CARE MAINTENANCE PAYMENTS.—The 
amendments made by section 102 shall take effect on Oc-
tober 1, 2008, and shall apply to children removed from 
their home and placed into foster care on or after that 
date. 
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(c) CHILD WELFARE REINVESTMENT FUNDING.— 
The amendment made by section 201 shall take effect on 
October 1, 2008. 
Æ 
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