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 the time the child leaves foster care if 
the child is leaving foster care by reason of hav-
ing 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. 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’’. 
(b) 
PERMANENCY
HEARING.—Section 
471(a)(15)(E)(i) of such Act (42 U.S.C. 671(a)(15)(E)(i)) 
is amended by inserting ‘‘, which considers in-State and
out-of-State permanent placement options for the child,’’ 
before ‘‘shall’’. 
(c) 
CONCURRENT
PLANNING.—Section 
471(a)(15)(F) of such Act (42 U.S.C. 671(a)(15)(F)) is 
amended by inserting ‘‘, including identifying appropriate 
out-of-State relatives and placements’’ before ‘‘may’’. 
SEC. 11. CASE PLANS. 
Section 475(1)(E) of the Social Security Act (42 
U.S.C. 675(1)(E)) is amended by inserting ‘‘to facilitate 
orderly and timely interstate placements’’ before the pe-
riod. 
SEC. 12. CASE REVIEW SYSTEM. 
Section 475(5)(C) of the Social Security Act (42 
U.S.C. 675(5)(C) is amended— 
(1) by inserting ‘‘, in the case of a child who 
will not be returned to the parent, the hearing shall 
consider in-State and out-of-State placement op-
tions,’’ after ‘‘living arrangement’’; and 
(2) by inserting ‘‘the hearing shall determine’’ 
before ‘‘whether the’’. 
SEC. 13. USE OF INTERJURISDICTIONAL RESOURCES. 
Section 422(b)(12) of the Social Security Act (42 
U.S.C. 622(b)(12)) is amended— 
(1) by striking ‘‘develop plans for the’’ and in-
serting ‘‘make’’;
(2) by inserting ‘‘(including through contracts 
for the purchase of services)’’ after ‘‘resources’’; and 
(3) by inserting ‘‘, and shall eliminate legal bar-
riers,’’ before ‘‘to facilitate’’. 
SEC. 14. GAO STUDY ON CHILD WELFARE BACKGROUND 
CHECKS. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study of background checks that 
are performed for the purpose of determining the appro-
priateness of placing in a foster or adoptive home a child 
who is under the custody of a State. The study shall re-
view the policies and practices of States in order to— 
(1) identify the most common delays in the 
background clearance process and where in the proc-
ess the delays occur; 
(2) describe when background checks are initi-
ated; 
(3) determine which of local, State, or Federal 
(such as FBI) background checks are used, how 
long it takes, on average, for each kind of check to 
be processed, which crimes or other events are in-
cluded in each kind of check, how the States differ 
in classifying the crimes and other events checked, 
and how the information revealed by the checks is
used in determining eligibility to act as a foster or 
adoptive parent; 
(4) examine the barriers child welfare agencies 
face in accessing criminal background check infor-
mation; 
(5) examine the use of the latest information- 
sharing 
technology, 
including 
electronic 
fingerprinting and participation in the Integrated 
Automated Fingerprinting Information System; 
(6) identify the varied uses of such technology 
for child welfare purposes as opposed to criminal 
justice purposes; and 
(7) recommend best practices that can increase 
the speed, efficiency, and accuracy of child welfare 
background checks at all levels of government. 
(b) REPORT TO THE CONGRESS.—Within 12 months 
after the date of the enactment of this Act, the Comp-
troller General of the United States shall submit to the 
Committees on Ways and Means and on Education and 
the Workforce of the House of Representatives and the 
Committees on Finance and on Health, Education, Labor, 
and Pensions of the Senate a report which contains the 
results of the study required by subsection (a).
SEC. 15. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the amendments made by this Act shall take effect 
on October 1, 2004, and shall apply to payments under 
parts B and E of title IV of the Social Security Act for 
calendar quarters beginning on or after such date, without 
regard to whether regulations to implement the amend-
ments are promulgated by such date. 
(b) DELAY PERMITTED IF STATE LEGISLATION RE-
QUIRED.—If the Secretary of Health and Human Services 
determines that State legislation (other than legislation 
appropriating funds) is required in order for a State plan 
under part B or E of title IV of the Social Security Act 
to meet the additional requirements imposed by the 
amendments made by this Act, the plan shall not be re-
garded as failing to meet any of the additional require-
ments before the 1st day of the 1st calendar quarter be-
ginning after the first regular session of the State legisla-
ture that begins after the date of the enactment of this 
Act. If the State has a 2-year legislative session, each year 
of the session is deemed to be a separate regular session 
of the State legislature. 
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