SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Safe and Timely Inter-
state 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drafted more than 40 years ago, is outdated, and is a bar-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
include—
(1) limiting its applicability to children in foster
care under the responsibility of a State, except those
seeking placement in a licensed 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
amended—
(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)(i) 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
contract—
‘‘(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; and
‘‘(ii) in the case of a home study begun on
or before September 30, 2006, if the State fails
to comply with clause (i) within the 60-day pe-
riod as a result of circumstances beyond the
control of the State (such as a failure by a Fed-
eral agency to provide the results of a
background check, or the failure by any entity
to provide completed medical forms, requested
by the State at least 45 days before the end of
the 60-day period), the State shall have 75 days
to comply with clause (i) if the State documents
the circumstances involved and certifies that
completing the home study is in the best inter-
ests of the child; except that
‘‘(iii) this subparagraph shall not be con-
strued to require the State to have completed,
within the applicable period, the parts of the
home study involving the education and train-
ing of the prospective foster or adoptive par-
ents;
‘‘(B) the State shall treat any report de-
scribed in subparagraph (A) that is received
from another State or an Indian tribe (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, with-
in 14 days after receipt of the report, the State
determines, based on grounds that are specific
to the content of the report, that making a de-
cision in reliance on the report would be con-
trary 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 or
an Indian tribe 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.
‘‘(2) VERIFICATION OF DATA.—In determining
the number of timely interstate home studies to be
attributed to a State under this section, the Sec-
retary shall check the data provided by the State
under paragraph (1) against complementary data so
provided by other States.
‘‘(d) TIMELY INTERSTATE HOME STUDY INCENTIVE
PAYMENTS.—
‘‘(1) IN GENERAL.—The timely interstate home
study incentive payment payable to a State for a fis-
cal year shall be $1,500, multiplied by the number
of timely interstate home studies attributed to the
State under this section during the fiscal year, sub-
ject to paragraph (2).
‘‘(2) PRO RATA ADJUSTMENT IF INSUFFICIENT
FUNDS AVAILABLE.—If the total amount of timely
interstate home study incentive payments otherwise
payable under this section for a fiscal year exceeds
the total of the amounts made available pursuant to
subsection (h) for the fiscal year (reduced (but not
below zero) by the total of the amounts (if any) pay-
able under paragraph (3) of this subsection with re-
spect to the preceding fiscal year), the amount of
each such otherwise payable incentive payment shall
be reduced by a percentage equal to—
‘‘(A) the total of the amounts so made
available (as so reduced); divided by
‘‘(B) the total of such otherwise payable
incentive payments.
‘‘(3) APPROPRIATIONS AVAILABLE FOR UNPAID
INCENTIVE PAYMENTS FOR PRIOR FISCAL YEARS.—
‘‘(A) IN
GENERAL.—If payments under
this section are reduced under paragraph (2) or
subparagraph (B) of this paragraph for a fiscal
year, then, before making any other payment
under this section for the next fiscal year, the
Secretary shall pay each State whose payment
was so reduced an amount equal to the total
amount of the reductions which applied to the
State, subject to subparagraph (B) of this para-
graph.
‘‘(B) PRO RATA ADJUSTMENT IF INSUFFI-
CIENT FUNDS AVAILABLE.—If the total amount
of payments otherwise payable under subpara-
graph (A) of this paragraph for a fiscal year ex-
ceeds the total of the amounts made available
pursuant to subsection (h) for the fiscal year,
the amount of each such payment shall be re-
duced by a percentage equal to—
‘‘(i) the total of the amounts so made
available; divided by
‘‘(ii) the total of such otherwise pay-
able payments.
‘‘(e) TWO-YEAR AVAILABILITY OF INCENTIVE PAY-
MENTS.—Payments to a State under this section in a fis-
cal year shall remain available for use by the State
through the end of the next fiscal year.
‘‘(f) LIMITATIONS
ON USE
OF INCENTIVE PAY-
MENTS.—A State shall not expend an amount paid to the
State under this section except to provide to children or
families any service (including post-adoption services) that
may be provided under part B or E. Amounts expended
by a State in accordance with the preceding sentence shall
be disregarded in determining State expenditures for pur-
poses of Federal matching payments under sections 423,
434, and 474.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) HOME
STUDY.—The term ‘home study’
means a study of a home environment, conducted in
accordance with applicable requirements of the State
in which the home is located, for the purpose of as-
sessing whether placement of a child in the home
would be appropriate for the child.
‘‘(2) INTERSTATE
HOME
STUDY.—The term
‘interstate home study’ means a home study con-
ducted by a State at the request of another State,
to facilitate an adoptive or relative placement in the
State.
‘‘(3) TIMELY INTERSTATE HOME STUDY.—The
term ‘timely interstate home study’ means an inter-
state home study completed by a State if the State
provides to the State that requested the study, with-
in 30 days after receipt of the request, a report on
the results of the study. The preceding sentence
shall not be construed to require the State to have
completed, within the 30-day period, the parts of the
home study involving the education and training of
the prospective foster or adoptive parents.
‘‘(h) LIMITATIONS ON AUTHORIZATION OF APPRO-
PRIATIONS.—
‘‘(1) IN GENERAL.—For payments under this
section, there are authorized to be appropriated to
the Secretary—
‘‘(A) $10,000,000 for fiscal year 2005;
‘‘(B) $10,000,000 for fiscal year 2006;
‘‘(C) $10,000,000 for fiscal year 2007; and
‘‘(D) $10,000,000 for fiscal year 2008.
‘‘(2) 
AVAILABILITY.—Amounts 
appropriated
under paragraph (1) are authorized to remain avail-
able until expended.’’.
(c) REPEALER.—Effective October 1, 2008, section
473B of the Social Security Act is repealed.
SEC. 
5. 
REQUIREMENT 
TO 
COMPLETE 
BACKGROUND
CHECKS BEFORE APPROVAL OF ANY FOSTER
OR ADOPTIVE PLACEMENT AND TO CHECK
CHILD ABUSE REGISTRIES; SUSPENSION AND
SUBSEQUENT ELIMINATION OF OPT-OUT.
(a) REQUIREMENT
TO
COMPLETE
BACKGROUND
CHECKS BEFORE APPROVAL OF ANY FOSTER OR ADOP-
TIVE PLACEMENT AND TO CHECK CHILD ABUSE REG-
ISTRIES; SUSPENSION OF OPT-OUT.—
(1) REQUIREMENT
TO
CHECK
CHILD
ABUSE
REGISTRIES.—Section 471(a)(20) of the Social Se-
curity Act (42 U.S.C. 671(a)(20)) is amended—
(A) in subparagraph (A)—
(i) in the matter preceding clause (i),
by striking ‘‘on whose behalf foster care
maintenance payments or adoption assist-
ance payments are to be made’’ and insert-
ing ‘‘regardless of whether foster care
maintenance payments or adoption assist-
ance payments are to be made on behalf of
the child’’;
(ii) in each of clauses (i) and (ii), by
inserting ‘‘involving a child on whose be-
half such payments are to be so made’’
after ‘‘in any case’’; and
(iii) by striking ‘‘and’’ at the end of
clause (ii); and
(B) by adding ‘‘and’’ at the end of sub-
paragraph (B); and
(C) by adding at the end the following:
‘‘(C) provides that the State shall—
‘‘(i) check any child abuse and neglect
registry maintained by the State for infor-
mation on any prospective foster or adop-
tive parent and on any other adult living in
the home of such a prospective parent, and
request any other State in which any such
prospective parent or other adult has re-
sided in the preceding 5 years, to enable
the State to check any child abuse and ne-
glect registry maintained by such other
State for such information, before the pro-
spective foster or adoptive parent may be
finally approved for placement of a child,
regardless of whether foster care mainte-
nance payments or adoption assistance
payments are to be made on behalf of the
child under the State plan under this part;
‘‘(ii) comply with any request de-
scribed in clause (i) that is received from
another State; and
‘‘(iii) have in place safeguards to pre-
vent the unauthorized disclosure of infor-
mation in any child abuse and neglect reg-
istry maintained by the State, and to pre-
vent any such information obtained pursu-
ant to this subparagraph from being used
for a purpose other than the conducting of
background checks in foster or adoptive
placement cases;’’.
(2) 
SUSPENSION
OF
OPT-OUT.—Section
471(a)(20)(B) 
of 
such 
Act 
(42 
U.S.C.
671(a)(20)(B)) is amended—
(A) by inserting ‘‘, on or before September
30, 2004,’’ after ‘‘plan if’’; and
(B) by inserting ‘‘, on or before such
date,’’ after ‘‘or if’’.
(b) ELIMINATION OF OPT-OUT.—Section 471(a)(20)
of such Act (42 U.S.C. 671(a)(20)), as amended by sub-
section (a) of this section, is amended—
(1) in subparagraph (A)—
(A) in the matter preceding clause (i), by
striking ‘‘unless an election provided for in sub-
paragraph (B) is made with respect to the
State,’’; and
(B) by adding ‘‘and’’ at the end of clause
(ii); and
(2) by striking subparagraph (B) and redesig-
nating subparagraph (C) as subparagraph (B).
SEC. 6. COURTS ALLOWED ACCESS TO THE FEDERAL PAR-
ENT LOCATOR SERVICE TO LOCATE PARENTS
IN FOSTER CARE OR ADOPTIVE PLACEMENT
CASES.
Section 453(c) of the Social Security Act (42 U.S.C.
653(c)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(3);
(2) by striking the period and inserting ‘‘;
and’’; and
(3) by adding at the end the following:
‘‘(5) any court which has authority with respect
to the placement of a child in foster care or for
adoption, but only for the purpose of locating a par-
ent of the child.’’.
SEC. 7. CASEWORKER VISITS.
(a) PURCHASE OF SERVICES IN INTERSTATE PLACE-
MENT CASES.—Section 475(5)(A)(ii) of the Social Secu-
rity Act (42 U.S.C. 675(5)(A)(ii)) is amended by striking
‘‘or of the State in which the child has been placed’’ and
inserting ‘‘of the State in which the child has been placed,
or of a private agency under contract with either such
State’’.
(b) INCREASED VISITS.—Section 475(5)(A)(ii) of
such Act (42 U.S.C. 675(5)(A)(ii)) is amended by striking
‘‘12’’ and inserting ‘‘6’’.
SEC. 8. HEALTH AND EDUCATION RECORDS.
Section 475 of the Social Security Act (42 U.S.C.
675) is amended—
(1) in paragraph (1)(C)—
(A) by striking ‘‘To the extent available
and accessible, the’’ and inserting ‘‘The’’; and
(B) by inserting ‘‘the most recent informa-
tion available regarding’’ after ‘‘including’’; and
(2) in paragraph (5)(D)—
(A) by inserting ‘‘a copy of the record is’’
before ‘‘supplied’’; and
(B) by inserting ‘‘, and is supplied to the
child at no cost at the time the child leaves fos-
ter care if the child is leaving foster care by
reason of having attained the age of majority
under State law’’ before the semicolon.
SEC. 9. RIGHT TO BE HEARD IN FOSTER CARE PRO-
CEEDINGS.
(a) IN GENERAL.—Section 475(5)(G) of the Social
Security Act (42 U.S.C. 675(5)(G)) is amended—
(1) by striking ‘‘an opportunity’’ and inserting
‘‘a right’’;
(2) by striking ‘‘and opportunity’’ and inserting
‘‘and right’’; and
(3) by striking ‘‘review or hearing’’ each place
it appears and inserting ‘‘proceeding’’.
(b) NOTICE
OF PROCEEDING.—Section 438(b) of
such Act (42 U.S.C. 638(b)) is amended by inserting
‘‘shall have in effect a rule requiring State courts to notify
foster parents, pre-adoptive parents, and relative care-
givers of a child in foster care under the responsibility of
the State of any proceeding to be held with respect to the
child, and’’ after ‘‘highest State court’’.
SEC. 10. COURT IMPROVEMENT.
Section 438(a)(1) of the Social Security Act (42
U.S.C. 629h(a)(1)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (C); and
(2) by adding at the end the following:
‘‘(E) that determine the best strategy to
use to expedite the interstate placement of chil-
dren, including—
‘‘(i) requiring courts in different
States to cooperate in the sharing of infor-
mation;
‘‘(ii) authorizing courts to obtain in-
formation and testimony from agencies
and parties in other States without requir-
ing interstate travel by the agencies and
parties; and
‘‘(iii) permitting the participation of
parents, children, other necessary parties,
and attorneys in cases involving interstate
placement without requiring their inter-
state travel; and’’.
SEC. 11. REASONABLE EFFORTS.
(a) IN GENERAL.—Section 471(a)(15)(C) of the So-
cial Security Act (42 U.S.C. 671(a)(15)(C)) is amended
by inserting ‘‘(including, if appropriate, through an inter-
state placement)’’ after ‘‘accordance with the permanency
plan’’.