II 
110TH CONGRESS 
2D SESSION 
H. R. 6893 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 18 (legislative day, SEPTEMBER 17), 2008 
Received 
AN ACT 
To amend parts B and E of title IV of the Social Security 
Act to connect and support relative caregivers, improve 
outcomes for children in foster care, provide for tribal 
foster care and adoption access, improve incentives for 
adoption, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fostering Connections 
to Success and Increasing Adoptions Act of 2008’’. 
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—CONNECTING AND SUPPORTING RELATIVE CAREGIVERS 
Sec. 101. Kinship guardianship assistance payments for children. 
Sec. 102. Family connection grants. 
Sec. 103. Notification of relatives. 
Sec. 104. Licensing standards for relatives. 
Sec. 105. Authority for comparisons and disclosures of information in the Fed-
eral Parent Locator Service for child welfare, foster care, and 
adoption assistance program purposes. 
TITLE II—IMPROVING OUTCOMES FOR CHILDREN IN FOSTER 
CARE 
Sec. 201. State option for children in foster care, and certain children in an 
adoptive or guardianship placement, after attaining age 18. 
Sec. 202. Transition plan for children aging out of foster care. 
Sec. 203. Short-term training for child welfare agencies, relative guardians, and 
court personnel. 
Sec. 204. Educational stability. 
Sec. 205. Health oversight and coordination plan. 
Sec. 206. Sibling placement. 
TITLE III—TRIBAL FOSTER CARE AND ADOPTION ACCESS 
Sec. 301. Equitable access for foster care and adoption services for Indian chil-
dren in tribal areas. 
Sec. 302. Technical assistance and implementation. 
TITLE IV—IMPROVEMENT OF INCENTIVES FOR ADOPTION 
Sec. 401. Adoption incentives program. 
Sec. 402. Promotion of adoption of children with special needs. 
Sec. 403. Information on adoption tax credit. 
TITLE V—CLARIFICATION OF UNIFORM DEFINITION OF CHILD 
AND OTHER PROVISIONS 
Sec. 501. Clarification of uniform definition of child. 
Sec. 502. Investment of operating cash. 
Sec. 503. No Federal funding to unlawfully present individuals. 
TITLE VI—EFFECTIVE DATE 
Sec. 601. Effective date. 
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TITLE I—CONNECTING AND SUP-
PORTING 
RELATIVE 
CARE-
GIVERS 
SEC. 101. 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)) 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, 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 on a permanent basis, as provided 
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: 
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‘‘(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)(5), a State 
shall— 
‘‘(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; and 
‘‘(ii) provide the prospective relative 
guardian with a copy of the agreement. 
‘‘(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, and the manner in which the 
payment may be adjusted periodically, in 
consultation with the relative guardian, 
based on the circumstances of the relative 
guardian and the needs of the child; 
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‘‘(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 
services as needed; 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, to 
the extent the total cost does not exceed 
$2,000. 
‘‘(C) INTERSTATE
APPLICABILITY.—The 
agreement shall provide that the agreement 
shall remain in effect without regard to the 
State residency of the relative guardian. 
‘‘(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) LIMITATIONS
ON
AMOUNT
OF
KINSHIP 
GUARDIANSHIP
ASSISTANCE
PAYMENT.—A kinship 
guardianship assistance payment on behalf of a child 
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shall not exceed the foster care maintenance pay-
ment which would have been paid on behalf of the 
child if the child had remained in a foster family 
home. 
‘‘(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; 
and 
‘‘(II) eligible for foster care 
maintenance payments under section 
472 while residing for at least 6 con-
secutive months in the home of the 
prospective relative guardian. 
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‘‘(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 
guardian and the relative guardian has a 
strong commitment to caring permanently 
for the child. 
‘‘(iv) With respect to a child who has 
attained 14 years of age, the child has 
been consulted regarding the kinship 
guardianship arrangement. 
‘‘(B) TREATMENT OF SIBLINGS.—With re-
spect to a child described in subparagraph (A) 
whose sibling or siblings are not so described— 
‘‘(i) the child and any sibling of the 
child may be placed in the same kinship 
guardianship arrangement, in accordance 
with section 471(a)(31), if the State agen-
cy and the relative agree on the appro-
priateness of the arrangement for the sib-
lings; and 
‘‘(ii) kinship guardianship assistance 
payments may be paid on behalf of each 
sibling so placed.’’. 
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(c) CONFORMING AMENDMENTS.— 
(1) ELIGIBILITY
FOR
ADOPTION
ASSISTANCE 
PAYMENTS.—Section 473(a)(2) of such Act (42 
U.S.C. 673(a)(2)) is amended by adding at the end 
the following: 
‘‘(D) In determining the eligibility for adoption 
assistance payments of a child in a legal guardian-
ship arrangement described in section 471(a)(28), 
the placement of the child with the relative guardian 
involved and any kinship guardianship assistance 
payments made on behalf of the child shall be con-
sidered never to have been made.’’. 
(2) STATE PLAN REQUIREMENT.— 
(A) IN GENERAL.—Section 471(a)(20) of 
such Act (42 U.S.C. 671(a)(20)) is amended— 
(i) by adding ‘‘and’’ at the end of sub-
paragraph (C); and 
(ii) by adding at the end the fol-
lowing: 
‘‘(D) provides procedures for criminal 
records 
checks, 
including 
fingerprint-based 
checks of national crime information databases 
(as defined in section 534(e)(3)(A) of title 28, 
United States Code), on any relative guardian, 
and for checks described in subparagraph (C) 
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of this paragraph on any relative guardian and 
any other adult living in the home of any rel-
ative guardian, before the relative guardian may 
receive kinship guardianship assistance pay-
ments on behalf of the child under the State 
plan under this part;’’. 
(B) REDESIGNATION OF NEW PROVISION 
AFTER
AMENDMENT
MADE
BY
PRIOR
LAW 
TAKES EFFECT.— 
(i) IN GENERAL.—Section 471(a)(20) 
of the Social Security Act (42 U.S.C. 
671(a)(20)) is amended— 
(I) in subparagraph (D), by 
striking ‘‘(C)’’ and inserting ‘‘(B)’’; 
and 
(II) by redesignating subpara-
graph (D) as subparagraph (C). 
(ii) EFFECTIVE
DATE.—The amend-
ments made by clause (i) shall take effect 
immediately after the amendments made 
by section 152 of Public Law 109–248 
take effect. 
(3) PAYMENTS TO STATES.—Section 474(a) of 
such Act (42 U.S.C. 674(a)) is amended— 
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(A) by striking the period at the end and 
inserting ‘‘; plus’’; and 
(B) by adding at the end the following: 
‘‘(5) an amount equal to the percentage by 
which the expenditures referred to in paragraph (2) 
of this subsection are reimbursed of the total 
amount expended during such quarter as kinship 
guardianship assistance payments under section 
473(d) pursuant to kinship guardianship assistance 
agreements.’’. 
(4) 
CASE
PLAN
REQUIREMENTS.—Section 
475(1) of such Act (42 U.S.C. 675(1)) is amended 
by adding at the end the following: 
‘‘(F) In the case of a child with respect to 
whom the permanency plan is placement with a 
relative and receipt of kinship guardianship as-
sistance payments under section 473(d), a de-
scription of— 
‘‘(i) the steps that the agency has 
taken to determine that it is not appro-
priate for the child to be returned home or 
adopted; 
‘‘(ii) the reasons for any separation of 
siblings during placement; 
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‘‘(iii) the reasons why a permanent 
placement with a fit and willing relative 
through a kinship guardianship assistance 
arrangement is in the child’s best interests; 
‘‘(iv) the ways in which the child 
meets the eligibility requirements for a kin-
ship guardianship assistance payment; 
‘‘(v) the efforts the agency has made 
to discuss adoption by the child’s relative 
foster parent as a more permanent alter-
native to legal guardianship and, in the 
case of a relative foster parent who has 
chosen not to pursue adoption, documenta-
tion of the reasons therefor; and 
‘‘(vi) the efforts made by the State 
agency to discuss with the child’s parent or 
parents the kinship guardianship assist-
ance arrangement, or the reasons why the 
efforts were not made.’’. 
(5) SECTION HEADING AMENDMENT.—The sec-
tion heading for section 473 of such Act (42 U.S.C. 
673) is amended by inserting ‘‘AND GUARDIANSHIP’’ 
after ‘‘ADOPTION’’. 
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(d) CONTINUED SERVICES UNDER WAIVER.—Sec-
tion 474 of such Act (42 U.S.C. 674) is amended by add-
ing at the end the following: 
‘‘(g) For purposes of this part, after the termination 
of a demonstration project relating to guardianship con-
ducted by a State under section 1130, the expenditures 
of the State for the provision, to children who, as of Sep-
tember 30, 2008, were receiving assistance or services 
under the project, of the same assistance and services 
under the same terms and conditions that applied during 
the conduct of the project, are deemed to be expenditures 
under the State plan approved under this part.’’. 
(e) ELIGIBILITY FOR INDEPENDENT LIVING SERV-
ICES AND EDUCATION AND TRAINING VOUCHERS FOR 
CHILDREN WHO EXIT FOSTER CARE
FOR RELATIVE 
GUARDIANSHIP OR ADOPTION AFTER AGE 16.— 
(1) INDEPENDENT LIVING SERVICES.—Section 
477(a) of such Act (42 U.S.C. 677(a)) is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (5); 
(B) by striking the period at the end of 
paragraph (6) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(7) to provide the services referred to in this 
subsection to children who, after attaining 16 years 
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of age, have left foster care for kinship guardianship 
or adoption.’’. 
(2) EDUCATION
AND
TRAINING
VOUCHERS.— 
Section 477(i)(2) of such Act (42 U.S.C. 677(i)(2)) 
is amended by striking ‘‘adopted from foster care 
after attaining age 16’’ and inserting ‘‘who, after at-
taining 16 years of age, are adopted from, or enter 
kinship guardianship from, foster care’’. 
(f) CATEGORICAL ELIGIBILITY FOR MEDICAID.—Sec-
tion 473(b)(3) of such Act (42 U.S.C. 673(b)(3)) is 
amended— 
(1) in subparagraph (A)(ii), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (B), by striking the period 
and inserting ‘‘, or’’; and 
(3) by adding at the end the following: 
‘‘(C) with respect to whom kinship guardianship 
assistance payments are being made pursuant to 
subsection (d).’’. 
SEC. 102. FAMILY CONNECTION GRANTS. 
(a) IN GENERAL.—Part B of title IV of the Social 
Security Act (42 U.S.C. 620–629i) is amended by insert-
ing after section 426 the following: 
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‘‘SEC. 427. FAMILY CONNECTION GRANTS. 
‘‘(a) IN GENERAL.—The Secretary of Health and 
Human Services may make matching grants to State, 
local, or tribal child welfare agencies, and private non-
profit organizations that have experience in working with 
foster children or children in kinship care arrangements, 
for the purpose of helping children who are in, or at risk 
of entering, foster care reconnect with family members 
through the implementation of— 
‘‘(1) a kinship navigator program to assist kin-
ship caregivers in learning about, finding, and using 
programs and services to meet the needs of the chil-
dren they are raising and their own needs, and to 
promote effective partnerships among public and pri-
vate agencies to ensure kinship caregiver families are 
served, which program— 
‘‘(A) shall be coordinated with other State 
or local agencies that promote service coordina-
tion or provide information and referral serv-
ices, including the entities that provide 2–1–1 
or 3–1–1 information systems where available, 
to avoid duplication or fragmentation of serv-
ices to kinship care families; 
‘‘(B) shall be planned and operated in con-
sultation with kinship caregivers and organiza-
tions representing them, youth raised by kin-
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ship caregivers, relevant government agencies, 
and relevant community-based or faith-based 
organizations; 
‘‘(C) shall establish information and refer-
ral systems that link (via toll-free access) kin-
ship 
caregivers, 
kinship 
support 
group 
facilitators, and kinship service providers to— 
‘‘(i) each other; 
‘‘(ii) eligibility and enrollment infor-
mation for Federal, State, and local bene-
fits; 
‘‘(iii) relevant training to assist kin-
ship caregivers in caregiving and in obtain-
ing benefits and services; and 
‘‘(iv) relevant legal assistance and 
help in obtaining legal services; 
‘‘(D) shall provide outreach to kinship care 
families, including by establishing, distributing, 
and updating a kinship care website, or other 
relevant guides or outreach materials; 
‘‘(E) shall promote partnerships between 
public and private agencies, including schools, 
community based or faith-based organizations, 
and relevant government agencies, to increase 
their knowledge of the needs of kinship care 
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families to promote better services for those 
families; 
‘‘(F) may establish and support a kinship 
care ombudsman with authority to intervene 
and help kinship caregivers access services; and 
‘‘(G) may support any other activities de-
signed to assist kinship caregivers in obtaining 
benefits 
and 
services 
to 
improve 
their 
caregiving; 
‘‘(2) intensive family-finding efforts that utilize 
search technology to find biological family members 
for children in the child welfare system, and once 
identified, work to reestablish relationships and ex-
plore ways to find a permanent family placement for 
the children; 
‘‘(3) family group decision-making meetings for 
children in the child welfare system, that— 
‘‘(A) enable families to make decisions and 
develop plans that nurture children and protect 
them from abuse and neglect, and 
‘‘(B) when appropriate, shall address do-
mestic violence issues in a safe manner and fa-
cilitate connecting children exposed to domestic 
violence to appropriate services, including re-
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connection with the abused parent when appro-
priate; or 
‘‘(4) residential family treatment programs 
that— 
‘‘(A) enable parents and their children to 
live in a safe environment for a period of not 
less than 6 months; and 
‘‘(B) provide, on-site or by referral, sub-
stance abuse treatment services, children’s early 
intervention services, family counseling, med-
ical, and mental health services, nursery and 
pre-school, and other services that are designed 
to provide comprehensive treatment that sup-
ports the family. 
‘‘(b) APPLICATIONS.—An entity desiring to receive a 
matching grant under this section shall submit to the Sec-
retary an application, at such time, in such manner, and 
containing such information as the Secretary may require, 
including— 
‘‘(1) a description of how the grant will be used 
to implement 1 or more of the activities described in 
subsection (a); 
‘‘(2) a description of the types of children and 
families to be served, including how the children and 
families will be identified and recruited, and an ini-
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tial projection of the number of children and families 
to be served; 
‘‘(3) if the entity is a private organization— 
‘‘(A) documentation of support from the 
relevant local or State child welfare agency; or 
‘‘(B) a description of how the organization 
plans to coordinate its services and activities 
with those offered by the relevant local or State 
child welfare agency; and 
‘‘(4) an assurance that the entity will cooperate 
fully with any evaluation provided for by the Sec-
retary under this section. 
‘‘(c) LIMITATIONS.— 
‘‘(1) GRANT
DURATION.—The Secretary may 
award a grant under this section for a period of not 
less than 1 year and not more than 3 years. 
‘‘(2) NUMBER OF NEW GRANTEES PER YEAR.— 
The Secretary may not award a grant under this 
section to more than 30 new grantees each fiscal 
year. 
‘‘(d) FEDERAL CONTRIBUTION.—The amount of a 
grant payment to be made to a grantee under this section 
during each year in the grant period shall be the following 
percentage of the total expenditures proposed to be made 
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by the grantee in the application approved by the Sec-
retary under this section: 
‘‘(1) 75 percent, if the payment is for the 1st 
or 2nd year of the grant period. 
‘‘(2) 50 percent, if the payment is for the 3rd 
year of the grant period. 
‘‘(e) FORM OF GRANTEE CONTRIBUTION.—A grantee 
under this section may provide not more than 50 percent 
of the amount which the grantee is required to expend 
to carry out the activities for which a grant is awarded 
under this section in kind, fairly evaluated, including 
plant, equipment, or services. 
‘‘(f) USE OF GRANT.—A grantee under this section 
shall use the grant in accordance with the approved appli-
cation for the grant. 
‘‘(g) RESERVATIONS OF FUNDS.— 
‘‘(1) KINSHIP
NAVIGATOR
PROGRAMS.—The 
Secretary shall reserve $5,000,000 of the funds 
made available under subsection (h) for each fiscal 
year for grants to implement kinship navigator pro-
grams described in subsection (a)(1). 
‘‘(2) EVALUATION.—The Secretary shall reserve 
3 percent of the funds made available under sub-
section (h) for each fiscal year for the conduct of a 
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rigorous evaluation of the activities funded with 
grants under this section. 
‘‘(3) TECHNICAL ASSISTANCE.—The Secretary 
may reserve 2 percent of the funds made available 
under subsection (h) for each fiscal year to provide 
technical assistance to recipients of grants under 
this section. 
‘‘(h) APPROPRIATION.—Out of any money in the 
Treasury of the United States not otherwise appropriated, 
there are appropriated to the Secretary for purposes of 
making grants under this section $15,000,000 for each 
of fiscal years 2009 through 2013.’’. 
(b) CONFORMING
AMENDMENT.—Section 425 of 
such Act (42 U.S.C. 625) is amended by inserting ‘‘(other 
than sections 426, 427, and 429)’’ after ‘‘this subpart’’. 
(c) RENAMING OF PROGRAM.—The subpart heading 
for subpart 1 of part B of title IV of such Act is amended 
to read as follows: 
‘‘Subpart 1—Stephanie Tubbs Jones Child Welfare 
Services Program’’. 
SEC. 103. NOTIFICATION OF RELATIVES. 
Section 471(a) of the Social Security Act (42 U.S.C. 
671(a)), as amended by section 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) provides that, within 30 days after the 
removal of a child from the custody of the parent or 
parents of the child, the State shall exercise due dili-
gence to identify and provide notice to all adult 
grandparents and other adult relatives of the child 
(including any other adult relatives suggested by the 
parents), subject to exceptions due to family or do-
mestic violence, that— 
‘‘(A) specifies that the child has been or is 
being removed from the custody of the parent 
or parents of the child; 
‘‘(B) explains the options the relative has 
under Federal, State, and local law to partici-
pate in the care and placement of the child, in-
cluding any options that may be lost by failing 
to respond to the notice; 
‘‘(C) describes the requirements under 
paragraph (10) of this subsection to become a 
foster family home and the additional services 
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and supports that are available for children 
placed in such a home; and 
‘‘(D) if the State has elected the option to 
make kinship guardianship assistance payments 
under paragraph (28) of this subsection, de-
scribes how the relative guardian of the child 
may subsequently enter into an agreement with 
the State under section 473(d) to receive the 
payments.’’. 
SEC. 104. LICENSING STANDARDS FOR RELATIVES. 
(a) STATE PLAN AMENDMENT.—Section 471(a)(10) 
of the Social Security Act (42 U.S.C. 671(a)(10)) is 
amended— 
(1) by striking ‘‘and provides’’ and inserting 
‘‘provides’’; and 
(2) by inserting before the semicolon the fol-
lowing: ‘‘, and provides that a waiver of any such 
standard may be made only on a case-by-case basis 
for non-safety standards (as determined by the 
State) in relative foster family homes for specific 
children in care’’. 
(b) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Secretary of Health and 
Human Services shall submit to the Committee on Ways 
and Means of the House of Representatives and the Com-
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mittee on Finance of the Senate a report that includes 
the following: 
(1) Nationally and for each State, the number 
and percentage of children in foster care placed in 
licensed relative foster family homes and the number 
and percentage of such children placed in unlicensed 
relative foster family homes. 
(2) The frequency with which States grant 
case-by-case waivers of non-safety licensing stand-
ards for relative foster family homes. 
(3) The types of non-safety licensing standards 
waived. 
(4) An assessment of how such case-by-case 
waivers of non-safety licensing standards have af-
fected children in foster care, including their safety, 
permanency, and well-being. 
(5) A review of any reasons why relative foster 
family homes may not be able to be licensed, despite 
State authority to grant such case-by-case waivers of 
non-safety licensing standards. 
(6) Recommendations for administrative or leg-
islative actions that may increase the percentage of 
relative foster family homes that are licensed while 
ensuring the safety of children in foster care and im-
proving their permanence and well-being. 
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SEC. 105. AUTHORITY FOR COMPARISONS AND DISCLO-
SURES OF INFORMATION IN THE FEDERAL 
PARENT LOCATOR SERVICE FOR CHILD WEL-
FARE, FOSTER CARE, AND ADOPTION ASSIST-
ANCE PROGRAM PURPOSES. 
Section 453(j)(3) of the Social Security Act (42 
U.S.C. 653(j)) is amended, in the matter preceding sub-
paragraph (A), by inserting ‘‘, part B, or part E’’ after 
‘‘this part’’. 
TITLE 
II—IMPROVING 
OUT-
COMES 
FOR 
CHILDREN 
IN 
FOSTER CARE 
SEC. 201. STATE OPTION FOR CHILDREN IN FOSTER CARE, 
AND CERTAIN CHILDREN IN AN ADOPTIVE OR 
GUARDIANSHIP PLACEMENT, AFTER ATTAIN-
ING 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: 
‘‘(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, the term shall 
include an individual— 
‘‘(i)(I) who is in foster care under the re-
sponsibility of the State; 
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‘‘(II) with respect to whom an adoption as-
sistance agreement is in effect under section 
473 if the child had attained 16 years of age 
before the agreement became effective; or 
‘‘(III) with respect to whom a kinship 
guardianship assistance agreement is in effect 
under section 473(d) if the child had attained 
16 years of age before the agreement became 
effective; 
‘‘(ii) who has attained 18 years of age; 
‘‘(iii) who has not attained 19, 20, or 21 
years of age, as the State may elect; and 
‘‘(iv) who is— 
‘‘(I) completing secondary education 
or a program leading to an equivalent cre-
dential; 
‘‘(II) enrolled in an institution which 
provides post-secondary or vocational edu-
cation; 
‘‘(III) participating in a program or 
activity designed to promote, or remove 
barriers to, employment; 
‘‘(IV) employed for at least 80 hours 
per month; or 
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‘‘(V) incapable of doing any of the ac-
tivities described in subclauses (I) through 
(IV) due to a medical condition, which in-
capability is supported by regularly up-
dated information in the case plan of the 
child.’’. 
(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 ‘‘but’’. 
(c) CONFORMING AMENDMENTS TO AGE LIMITS AP-
PLICABLE TO CHILDREN ELIGIBLE FOR ADOPTION AS-
SISTANCE
OR KINSHIP GUARDIANSHIP ASSISTANCE.— 
Section 473(a)(4) of such Act (42 U.S.C. 673(a)(4)) is 
amended to read as follows: 
‘‘(4)(A) Notwithstanding any other provision of this 
section, a payment may not be made pursuant to this sec-
tion to parents or relative guardians with respect to a 
child— 
‘‘(i) who has attained— 
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‘‘(I) 18 years of age, or such greater age 
as 
the 
State 
may 
elect 
under 
section 
475(8)(B)(iii); or 
‘‘(II) 21 years of age, if the State deter-
mines that the child has a mental or physical 
handicap which warrants the continuation of 
assistance; 
‘‘(ii) who has not attained 18 years of age, if 
the State determines that the parents or relative 
guardians, as the case may be, are no longer legally 
responsible for the support of the child; or 
‘‘(iii) if the State determines that the child is 
no longer receiving any support from the parents or 
relative guardians, as the case may be. 
‘‘(B) Parents or relative guardians who have been re-
ceiving adoption assistance payments or kinship guardian-
ship assistance payments under this section shall keep the 
State or local agency administering the program under 
this section informed of circumstances which would, pur-
suant to this subsection, make them ineligible for the pay-
ments, or eligible for the payments in a different 
amount.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2010. 
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SEC. 202. TRANSITION PLAN FOR CHILDREN AGING OUT OF 
FOSTER CARE. 
Section 475(5) of the Social Security Act (42 U.S.C. 
675) is amended— 
(1) in subparagraph (F)(ii), by striking ‘‘and’’ 
at the end; 
(2) in subparagraph (G), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(H) during the 90-day period immediately 
prior to the date on which the child will attain 
18 years of age, or such greater age as the 
State may elect under paragraph (8)(B)(iii), 
whether during that period foster care mainte-
nance payments are being made on the child’s 
behalf or the child is receiving benefits or serv-
ices under section 477, a caseworker on the 
staff of the State agency, and, as appropriate, 
other representatives of the child provide the 
child with assistance and support in developing 
a transition plan that is personalized at the di-
rection of the child, includes specific options on 
housing, health insurance, education, local op-
portunities for mentors and continuing support 
services, and work force supports and employ-
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ment services, and is as detailed as the child 
may elect.’’. 
SEC. 203. SHORT-TERM TRAINING FOR CHILD WELFARE 
AGENCIES, 
RELATIVE 
GUARDIANS, 
AND 
COURT PERSONNEL. 
(a) IN GENERAL.—Section 474(a)(3)(B) of the So-
cial Security Act (42 U.S.C. 674(a)(3)(B)) is amended— 
(1) by inserting ‘‘or relative guardians’’ after 
‘‘adoptive parents’’; 
(2) by striking ‘‘and the members’’ and insert-
ing ‘‘, the members’’; 
(3) by inserting ‘‘, or State-licensed or State- 
approved child welfare agencies providing services,’’ 
after ‘‘providing care’’; 
(4) by striking ‘‘foster and adopted’’ the 1st 
place it appears; 
(5) by inserting ‘‘and members of the staff of 
abuse and neglect courts, agency attorneys, attor-
neys representing children or parents, guardians ad 
litem, or other court-appointed special advocates rep-
resenting children in proceedings of such courts,’’ 
after ‘‘part,’’; 
(6) by inserting ‘‘guardians,’’ before ‘‘staff 
members,’’; 
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(7) by striking ‘‘and institutions’’ and inserting 
‘‘institutions, attorneys, and advocates’’; and 
(8) by inserting ‘‘and children living with rel-
ative guardians’’ after ‘‘foster and adopted children’’ 
the 2nd place it appears. 
(b) PHASE-IN.—With respect to an expenditure de-
scribed in section 474(a)(3)(B) of the Social Security Act 
by reason of an amendment made by subsection (a) of this 
section, in lieu of the percentage set forth in such section 
474(a)(3)(B), the percentage that shall apply is— 
(1) 55 percent, if the expenditure is made in 
fiscal year 2009; 
(2) 60 percent, if the expenditure is made in 
fiscal year 2010; 
(3) 65 percent, if the expenditure is made in 
fiscal year 2011; or 
(4) 70 percent, if the expenditure is made in 
fiscal year 2012. 
SEC. 204. EDUCATIONAL STABILITY. 
(a) IN GENERAL.—Section 475 of the Social Security 
Act (42 U.S.C. 675), as amended by section 101(c)(4) of 
this Act, is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (C), by striking 
clause (iv) and redesignating clauses (v) 
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through (viii) as clauses (iv) through (vii), re-
spectively; and 
(B) by adding at the end the following: 
‘‘(G) A plan for ensuring the educational 
stability of the child while in foster care, includ-
ing— 
‘‘(i) assurances that the placement of 
the child in foster care takes into account 
the appropriateness of the current edu-
cational setting and the proximity to the 
school in which the child is enrolled at the 
time of placement; and 
‘‘(ii)(I) an assurance that the State 
agency has coordinated with appropriate 
local educational agencies (as defined 
under section 9101 of the Elementary and 
Secondary Education Act of 1965) to en-
sure that the child remains in the school in 
which the child is enrolled at the time of 
placement; or 
‘‘(II) if remaining in such school is 
not in the best interests of the child, assur-
ances by the State agency and the local 
educational agencies to provide immediate 
and appropriate enrollment in a new 
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school, with all of the educational records 
of the child provided to the school.’’; and 
(2) in the 1st sentence of paragraph (4)(A)— 
(A) by striking ‘‘and reasonable’’ and in-
serting ‘‘reasonable’’; and 
(B) by inserting ‘‘, and reasonable travel 
for the child to remain in the school in which 
the child is enrolled at the time of placement’’ 
before the period. 
(b) EDUCATIONAL ATTENDANCE REQUIREMENT.— 
Section 471(a) of the Social Security Act (42 U.S.C. 
671(a)), as amended by sections 101(a) and 103 of this 
Act, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(28); 
(2) by striking the period at the end of para-
graph (29) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(30) provides assurances that each child who 
has attained the minimum age for compulsory school 
attendance under State law and with respect to 
whom there is eligibility for a payment under the 
State plan is a full-time elementary or secondary 
school student or has completed secondary school, 
and for purposes of this paragraph, the term ‘ele-
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mentary or secondary school student’ means, with 
respect to a child, that the child is— 
‘‘(A) enrolled (or in the process of enroll-
ing) in an institution which provides elementary 
or secondary education, as determined under 
the law of the State or other jurisdiction in 
which the institution is located; 
‘‘(B) instructed in elementary or secondary 
education at home in accordance with a home 
school law of the State or other jurisdiction in 
which the home is located; 
‘‘(C) in an independent study elementary 
or secondary education program in accordance 
with the law of the State or other jurisdiction 
in which the program is located, which is ad-
ministered by the local school or school district; 
or 
‘‘(D) incapable of attending school on a 
full-time basis due to the medical condition of 
the child, which incapability is supported by 
regularly updated information in the case plan 
of the child.’’. 
SEC. 205. HEALTH OVERSIGHT AND COORDINATION PLAN. 
Section 422(b)(15) of the Social Security Act (42 
U.S.C. 622(b)(15)) is amended to read as follows: 
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‘‘(15)(A) provides that the State will develop, in 
coordination and collaboration with the State agency 
referred to in paragraph (1) and the State agency 
responsible for administering the State plan ap-
proved under title XIX, and in consultation with pe-
diatricians, other experts in health care, and experts 
in and recipients of child welfare services, a plan for 
the ongoing oversight and coordination of health 
care services for any child in a foster care place-
ment, which shall ensure a coordinated strategy to 
identify and respond to the health care needs of chil-
dren in foster care placements, including mental 
health and dental health needs, and shall include an 
outline of— 
‘‘(i) a schedule for initial and follow-up 
health screenings that meet reasonable stand-
ards of medical practice; 
‘‘(ii) how health needs identified through 
screenings will be monitored and treated; 
‘‘(iii) how medical information for children 
in care will be updated and appropriately 
shared, which may include the development and 
implementation of an electronic health record; 
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‘‘(iv) steps to ensure continuity of health 
care services, which may include the establish-
ment of a medical home for every child in care; 
‘‘(v) the oversight of prescription medi-
cines; and 
‘‘(vi) how the State actively consults with 
and involves physicians or other appropriate 
medical or non-medical professionals in assess-
ing the health and well-being of children in fos-
ter care and in determining appropriate medical 
treatment for the children; and 
‘‘(B) subparagraph (A) shall not be construed 
to reduce or limit the responsibility of the State 
agency responsible for administering the State plan 
approved under title XIX to administer and provide 
care and services for children with respect to whom 
services are provided under the State plan developed 
pursuant to this subpart;’’. 
SEC. 206. SIBLING PLACEMENT. 
Section 471(a) of the Social Security Act (42 U.S.C. 
671(a)), as amended by sections 101(a), 103, and 204(b) 
of this Act, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(29); 
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(2) by striking the period at the end of para-
graph (30) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(31) provides that reasonable efforts shall be 
made— 
‘‘(A) to place siblings removed from their 
home in the same foster care, kinship guardian-
ship, or adoptive placement, unless the State 
documents that such a joint placement would be 
contrary to the safety or well-being of any of 
the siblings; and 
‘‘(B) in the case of siblings removed from 
their home who are not so jointly placed, to 
provide for frequent visitation or other ongoing 
interaction between the siblings, unless that 
State documents that frequent visitation or 
other ongoing interaction would be contrary to 
the safety or well-being of any of the siblings.’’. 
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TITLE III—TRIBAL FOSTER CARE 
AND ADOPTION ACCESS 
SEC. 301. EQUITABLE ACCESS FOR FOSTER CARE AND 
ADOPTION SERVICES FOR INDIAN CHILDREN 
IN TRIBAL AREAS. 
(a) AUTHORITY FOR DIRECT PAYMENT OF FEDERAL 
TITLE IV–E FUNDS FOR PROGRAMS OPERATED BY IN-
DIAN TRIBAL ORGANIZATIONS.— 
(1) IN GENERAL.—Part E of title IV of the So-
cial Security 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) DEFINITIONS OF INDIAN TRIBE; TRIBAL ORGA-
NIZATIONS.—In this section, the terms ‘Indian tribe’ and 
‘tribal organization’ have the meanings given those terms 
in section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b). 
‘‘(b) AUTHORITY.—Except as otherwise provided in 
this section, this part shall apply in the same manner as 
this part applies to a State to an Indian tribe, tribal orga-
nization, or tribal consortium that elects to operate a pro-
gram under this part and has a plan approved by the Sec-
retary under section 471 in accordance with this section. 
‘‘(c) PLAN REQUIREMENTS.— 
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‘‘(1) IN GENERAL.—An Indian tribe, tribal or-
ganization, or tribal consortium that elects to oper-
ate a program under this part shall include with its 
plan submitted under section 471 the following: 
‘‘(A) FINANCIAL MANAGEMENT.—Evidence 
demonstrating that the tribe, organization, or 
consortium has not had any uncorrected signifi-
cant or material audit exceptions under Federal 
grants or contracts that directly relate to the 
administration of social services for the 3-year 
period prior to the date on which the plan is 
submitted. 
‘‘(B) 
SERVICE
AREAS
AND
POPU-
LATIONS.—For purposes of complying with sec-
tion 471(a)(3), a description of the service area 
or areas and populations to be served under the 
plan and an assurance that the plan shall be in 
effect in all service area or areas and for all 
populations served by the tribe, organization, or 
consortium. 
‘‘(C) ELIGIBILITY.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii) of this subparagraph, an assurance 
that the plan will provide— 
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‘‘(I) foster care maintenance pay-
ments under section 472 only on be-
half of children who satisfy the eligi-
bility requirements of section 472(a); 
‘‘(II) adoption assistance pay-
ments under section 473 pursuant to 
adoption assistance agreements only 
on behalf of children who satisfy the 
eligibility requirements for such pay-
ments under that section; and 
‘‘(III) at the option of the tribe, 
organization, or consortium, kinship 
guardianship assistance payments in 
accordance with section 473(d) only 
on behalf of children who meet the re-
quirements of section 473(d)(3). 
‘‘(ii) SATISFACTION OF FOSTER CARE 
ELIGIBILITY
REQUIREMENTS.—For pur-
poses of determining whether a child whose 
placement and care are the responsibility 
of an Indian tribe, tribal organization, or 
tribal consortium with a plan approved 
under section 471 in accordance with this 
section satisfies the requirements of section 
472(a), the following shall apply: 
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‘‘(I) USE OF AFFIDAVITS, ETC.— 
Only with respect to the first 12 
months for which such plan is in ef-
fect, the requirement in paragraph (1) 
of section 472(a) shall not be inter-
preted so as to prohibit the use of af-
fidavits or nunc pro tunc orders as 
verification documents in support of 
the reasonable efforts and contrary to 
the welfare of the child judicial deter-
minations required under that para-
graph. 
‘‘(II) AFDC 
ELIGIBILITY
RE-
QUIREMENT.—The State plan ap-
proved under section 402 (as in effect 
on July 16, 1996) of the State in 
which the child resides at the time of 
removal from the home shall apply to 
the determination of whether the child 
satisfies section 472(a)(3). 
‘‘(D) OPTION TO CLAIM IN-KIND EXPENDI-
TURES FROM THIRD-PARTY SOURCES FOR NON- 
FEDERAL
SHARE
OF
ADMINISTRATIVE
AND 
TRAINING COSTS DURING INITIAL IMPLEMENTA-
TION PERIOD.—Only for fiscal year quarters be-
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ginning after September 30, 2009, and before 
October 1, 2014, a list of the in-kind expendi-
tures (which shall be fairly evaluated, and may 
include plants, equipment, administration, or 
services) and the third-party sources of such ex-
penditures that the tribe, organization, or con-
sortium may claim as part of the non-Federal 
share of administrative or training expenditures 
attributable to such quarters for purposes of re-
ceiving payments under section 474(a)(3). The 
Secretary shall permit a tribe, organization, or 
consortium to claim in-kind expenditures from 
third party sources for such purposes during 
such quarters subject to the following: 
‘‘(i) NO EFFECT ON AUTHORITY FOR 
TRIBES, ORGANIZATIONS, OR
CONSORTIA 
TO
CLAIM
EXPENDITURES
OR
INDIRECT 
COSTS
TO
THE
SAME
EXTENT
AS 
STATES.—Nothing in this subparagraph 
shall be construed as preventing a tribe, 
organization, or consortium from claiming 
any expenditures or indirect costs for pur-
poses of receiving payments under section 
474(a) that a State with a plan approved 
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under section 471(a) could claim for such 
purposes. 
‘‘(ii) FISCAL YEAR 2010 OR 2011.— 
‘‘(I) 
EXPENDITURES
OTHER 
THAN
FOR
TRAINING.—With respect 
to amounts expended during a fiscal 
year quarter beginning after Sep-
tember 30, 2009, and before October 
1, 2011, for which the tribe, organiza-
tion, or consortium is eligible for pay-
ments under subparagraph (C), (D), 
or (E) of section 474(a)(3), not more 
than 25 percent of such amounts may 
consist of in-kind expenditures from 
third-party sources specified in the list 
required under this subparagraph to 
be submitted with the plan. 
‘‘(II) 
TRAINING
EXPENDI-
TURES.—With respect to amounts ex-
pended during a fiscal year quarter 
beginning after September 30, 2009, 
and before October 1, 2011, for which 
the tribe, organization, or consortium 
is eligible for payments under sub-
paragraph (A) or (B) of section 
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bajohnson on PROD1PC77 with BILLS
HR 6893 RDS 
474(a)(3), not more than 12 percent 
of such amounts may consist of in- 
kind expenditures from third-party 
sources that are specified in such list 
and described in subclause (III). 
‘‘(III) SOURCES
DESCRIBED.— 
For purposes of subclause (II), the 
sources described in this subclause are 
the following: 
‘‘(aa) A State or local gov-
ernment. 
‘‘(bb) An Indian tribe, tribal 
organization, or tribal consortium 
other than the tribe, organiza-
tion, or consortium submitting 
the plan. 
‘‘(cc) A public institution of 
higher education. 
‘‘(dd) A Tribal College or 
University (as defined in section 
316 of the Higher Education Act 
of 1965 (20 U.S.C. 1059c)). 
‘‘(ee) A private charitable 
organization. 
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E:\BILLS\H6893.RDS
H6893
bajohnson on PROD1PC77 with BILLS