I 
109TH CONGRESS 
1ST SESSION H. R. 3576 
To improve outcomes for vulnerable children by investing in families, improv-
ing accountability in the child welfare system, and finding safe, stable, 
and permanent homes for foster children. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2005 
Mr. MCDERMOTT (for himself, Mr. RANGEL, Mr. GEORGE MILLER of Cali-
fornia, Mr. CARDIN, Mr. STARK, Mr. BECERRA, Mr. EMANUEL, and Mr. 
DAVIS of Illinois) introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To improve outcomes for vulnerable children by investing 
in families, improving accountability in the child welfare 
system, and finding safe, stable, and permanent homes 
for foster children. 
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 ‘‘Leave No Abused or 
Neglected Child Behind Act’’ .
SEC. 2. CHILD AND FAMILY SERVICES PROGRAM. 
(a) CHILD AND FAMILY SERVICES COMPONENT OF 
STATE PLAN.—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) at the option of the State, includes a 
child and family services component that describes 
in detail— 
‘‘(A) how the State intends to spend the 
funds provided under section 474(a)(5), and an 
assurance that the State will submit to the Sec-
retary reports on annual spending of the funds 
in accordance with a detailed, uniform system 
which shall be developed by the Secretary; 
‘‘(B) the goals the State intends to achieve 
with the expenditure of the funds; and 
‘‘(C) the process by which the State in-
tends to assess the effects of the expenditure of 
the funds on— 
‘‘(i) the goals referred to in subpara-
graph (B); and
‘‘(ii) other indicators of child welfare 
performance; and 
‘‘(D) whether the State intends to spend 
funds provided under section 474(a)(5) to im-
plement, in whole or in part, a corrective action 
plan referred to in subsection (b)(2)(B) of this 
section.’’. 
(b) APPROVAL OF CHILD AND FAMILY SERVICES 
COMPONENT.—Section 471(b) of such Act (42 U.S.C. 
671(b) is amended to read as follows: 
‘‘(b)(1) The Secretary shall approve any plan which 
complies with subsection (a). 
‘‘(2)(A) In considering the child and family services 
component of a plan submitted pursuant to this part, the 
Secretary shall consider any intention to expend funds 
pursuant to the plan for a specific purpose which is sub-
stantially similar to a specific purpose for which the State 
expended funds pursuant to the State plan approved 
under this part in not less than 2 of the 5 most recently 
preceding fiscal years, if the prior spending failed to result 
in meaningful progress towards achieving the goals de-
scribed in the plan pursuant to subsection (a)(25)(B), de-
termined on the basis of the process referred to in sub-
section (a)(25)(C).
‘‘(B) The Secretary may not approve the child and 
family services component of a plan submitted pursuant 
to this part if there is in effect a final determination under 
section 1123A that a State program under part B or this 
part has failed to substantially conform with the require-
ments, regulations, and plans referred to in subsection (a) 
of such section that apply to the program, unless the State 
is implementing a corrective action plan referred to in sub-
section (b)(4)(A) of such section with respect to the fail-
ure.’’. 
(c) PAYMENTS TO STATES.—Section 474(a) of such 
Act (42 U.S.C. 674(a)) is amended— 
(1) by striking the period at the end of para-
graph (4) and inserting ‘‘; plus’’; and 
(2) by adding at the end the following: 
‘‘(5)(A) an amount equal to the Federal med-
ical assistance percentage (as defined in section 
1905(b)) of the total amount expended during such 
quarter to provide (and evaluate the provision of) 
services which seek to— 
‘‘(i) safely reduce the number of children 
in foster care; 
‘‘(ii) safely reduce the length of stay for 
children in foster care;
‘‘(iii) increase the percentage of foster chil-
dren who are cared for in family-like settings; 
and 
‘‘(iv) improve the well-being of children in 
foster care, in an adoption eligible for payments 
under section 473, or in a kinship guardianship 
arrangement eligible for payments under section 
473(d); and 
‘‘(B) such amount as the Secretary deems ap-
propriate (which shall be not less than 10 percent 
and not more than 35 percent of the State expendi-
tures referred to in subparagraph (A) of this para-
graph) to reward the State for improvements in the 
performance of the State in pursuing the goals de-
scribed in the provisions of the State plan submitted 
pursuant to section 471(a)(25)(B), as determined on 
the basis of an evaluation approved by the Secretary 
(and the Secretary shall attempt to ensure a re-
sonable level of consistency in the design of the ap-
proved evaluations and shall make the results of the 
approved evaluations broadly available), except that 
such amount may be paid on an annual or biennial 
basis.’’. 
(d) EXPENDITURES BY TERRITORIES UNDER CHILD 
AND FAMILY SERVICES COMPONENT NOT SUBJECT TO
LIMITATION.—Section 1108 of such Act (42 U.S.C. 1308) 
is amended in each of subsections (a)(1) and (b)(1) by 
striking ‘‘parts A and E’’ and inserting ‘‘part A’’. 
(e) APPLICABILITY
TO INDIAN TRIBES.—Section 
479B(b)(2)(A)(i) of such Act, as added by section 3(e)(2) 
of this Act, is amended by striking ‘‘(1) and (2)’’ and in-
serting ‘‘(1), (2), and (5)’’. 
(f) NONSUPPLANTATION.—Section 474 of such Act 
(42 U.S.C. 674) is amended by adding at the end the fol-
lowing: 
‘‘(g) A State to which funds are paid under sub-
section (a)(5) shall use those funds to supplement and not 
supplant any Federal, State or local funds used for serv-
ices described in such subsection. ’’. 
SEC. 3. EXPANDED ELIGIBILITY FOR FOSTER CARE AND 
ADOPTION ASSISTANCE. 
(a) FOSTER CARE.— 
(1) ELIMINATION OF INCOME ELIGIBILITY RE-
QUIREMENT.— 
(A) IN GENERAL.—Section 472(a) of the 
Social Security Act (42 U.S.C. 672(a)) is 
amended— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘child’’ and all that follows 
through ‘‘if’’ and inserting ‘‘child, if’’;
(ii) in paragraph (1)— 
(I) by striking ‘‘from the home’’ 
and inserting ‘‘of the child from his or 
her home’’; and 
(II) by striking ‘‘(effective Octo-
ber 1, 1983)’’; 
(iii) by adding ‘‘and’’ at the end of 
paragraph (2); 
(iv) in paragraph (3), by striking ‘‘; 
and’’ and inserting a period; and 
(v) by striking all that follows para-
graph (3). 
(B) CONFORMING
AMENDMENT.—Section 
470 of such Act (42 U.S.C. 670) is amended by 
striking ‘‘who otherwise would have been eligi-
ble for assistance under the State’s plan ap-
proved under part A (as such plan was in effect 
on June 1, 1995)’’. 
(2) FOSTER
CARE
MAINTENANCE
PAYMENTS 
MATCH
RATE.—Section 474 (42 U.S.C. 674), as 
amended by section 2(f) of this Act, is amended— 
(A) in subsection (a)(1), by inserting ‘‘, 
subject to subsection (h)(1)’’ before the semi-
colon; and 
(B) by adding at the end the following:
‘‘(h)(1)(A) The Secretary shall reduce the percentage 
by which expenditures referred to in subsection (a)(1) are 
reimbursed, by such equal percentage for all States as may 
be necessary to ensure that— 
‘‘(i) the ratio, for any calendar quarter, of the 
total of the amounts payable to States under such 
subsection to the total of all amounts expended by 
the States as foster care maintenance payments 
(whether or not eligible for reimbursement under 
this part), excluding any expenditure made from 
other funds provided by the Federal Government or 
from State funds with respect to which matching 
funds are provided by the Federal Government; 
equals 
‘‘(ii) the average such ratio for the 12 quarters 
most recently preceding the effective date of this 
subsection. 
‘‘(B) The Secretary shall establish procedures to 
allow States to submit to the Secretary supplemental 
claims for reimbursement of expenditures referred to in 
subsection (a)(1) incurred during the 3-year period begin-
ning with the effective date of this subsection. 
‘‘(C) The Secretary shall pay a claim submitted pur-
suant to subparagraph (B) with respect to an expenditure, 
to the extent that, in the absence of this paragraph, an
amount would be payable under this part with respect to 
the expenditure. 
‘‘(D) For each State with respect to which a claim 
has been paid under subparagraph (B) of this paragraph, 
the Secretary shall— 
‘‘(i) calculate the overall rate at which the ex-
penditures referred to in subsection (a)(2) have been 
reimbursed under this part during the 3-year period 
described in subparagraph (B) of this paragraph; 
and 
‘‘(ii) for each subsequent calendar quarter, re-
imburse the expenditures at the overall rate.’’. 
(b) ADOPTION ASSISTANCE.— 
(1) ELIMINATION OF INCOME ELIGIBILITY RE-
QUIREMENT.—Section 473(a)(2) of such Act (42 
U.S.C. 673(a)(2)) is amended— 
(A) by striking all through subparagraph 
(C) and inserting the following: 
‘‘(2)(A) For purposes of paragraph (1)(B)(ii), a 
child meets the requirements of this paragraph if the 
child— 
‘‘(i)(I) at the time adoption proceedings 
were initiated, had been removed from his or 
her home—
‘‘(aa) pursuant to a voluntary place-
ment agreement with respect to which 
Federal payments are provided under sec-
tion 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; 
‘‘(II) is eligible for supplemental security 
income benefits under title XVI; or 
‘‘(III) is a child whose costs in a foster 
family home or child-care institution are cov-
ered by the foster care maintenance payments 
being made with respect to the minor parent of 
the child 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) of this paragraph, who 
was determined eligible for adoption assistance 
payments under this part with respect to a 
prior adoption, and who is available for adop-
tion because the prior adoption has been dis-
solved and the parental rights of the adoptive
parents have been terminated or because the 
child’s adoptive parents have died, shall be 
treated as meeting the requirements of this 
paragraph 
for 
purposes 
of 
paragraph 
(1)(B)(ii).’’; 
(B) by striking the second sentence; and 
(C) in the third sentence— 
(i) by striking ‘‘(C)’’ and inserting 
‘‘(B)’’; and 
(ii) by striking ‘‘subparagraphs (A) 
and (B)’’ and inserting ‘‘subparagraph 
(A)’’. 
(2) ADOPTION ASSISTANCE PAYMENTS MATCH 
RATE.—Section 474 of such Act (42 U.S.C. 674) is 
amended— 
(A) in subsection (a)(2), by inserting ‘‘, 
subject to subsection (h)(2)’’ before the semi-
colon; and 
(B) by adding at the end of subsection (h) 
(as added by subsection (a)(2)(B) of this sec-
tion) the following: 
‘‘(2)(A) The Secretary shall reduce the percentage by 
which the expenditures referred to in subsection (a)(2) are 
reimbursed, by such equal percentage for all States as may 
be necessary to ensure that—
‘‘(i) the ratio, for any calendar quarter, of the 
total of the amounts payable to States under such 
subsection to the total of all amounts expended by 
the States as adoption assistance payments (whether 
or not eligible for reimbursement under this part), 
excluding any expenditure made from other funds 
provided by the Federal Government or from State 
funds with respect to which matching funds are pro-
vided by the Federal Government; equals 
‘‘(ii) the average such ratio for the 12 quarters 
most recently preceding the effective date of this 
subsection. 
‘‘(B) The Secretary shall establish procedures to 
allow States to submit to the Secretary supplemental 
claims for reimbursement of expenditures referred to in 
subsection (a)(2) incurred during the 3-year period begin-
ning with the effective date of this subsection. 
‘‘(C) The Secretary shall pay a claim submitted pur-
suant to subparagraph (B) with respect to an expenditure, 
to the extent that, in the absence of this paragraph, an 
amount would be payable under this part with respect to 
the expenditure. 
‘‘(D) For each State with respect to which a claim 
has been paid under subparagraph (B) of this paragraph, 
the Secretary shall—
‘‘(i) calculate the overall rate at which the ex-
penditures referred to in subsection (a)(2) have been 
reimbursed under this part during the 3-year period 
described in subparagraph (B) of this paragraph; 
and 
‘‘(ii) for each subsequent calendar quarter, re-
imburse the expenditures at the overall rate.’’. 
(c) ADMINISTRATIVE COSTS.— 
(1) IN GENERAL.—Section 474 of such Act (42 
U.S.C. 674) is amended— 
(A) in subsection (a)(3)(E), by inserting ‘‘, 
subject to subsection (h)(3)’’ after ‘‘expendi-
tures’’; and 
(B) by adding at the end of subsection (h) 
(as added by subsection (a)(2)(B) of this sec-
tion) the following: 
‘‘(3)(A) The Secretary shall reduce the percentage by 
which the expenditures referred to in subsection (a)(3)(E) 
are reimbursed, by such equal percentage for all States 
as may be necessary to ensure that— 
‘‘(i) the ratio, for any calendar quarter, of the 
total of the amounts payable to States under sub-
section (a)(3)(E) to the total of all amounts ex-
pended by the States for expenditures referred to in 
such subsection (whether or not eligible for reim-
bursement under this part), excluding any expendi-
ture made from other funds provided by the Federal 
Government or from State funds with respect to 
which matching funds are provided by the Federal 
Government; equals 
‘‘(ii) the average such ratio for the 12 quarters 
most recently preceding the effective date of this 
subsection. 
‘‘(B) The Secretary shall establish procedures to 
allow States to submit to the Secretary supplemental 
claims for reimbursement of expenditures referred to in 
subsection (a)(3)(E) incurred during the 3-year period be-
ginning with the effective date of this subsection. 
‘‘(C) The Secretary shall pay a claim submitted pur-
suant to subparagraph (B) with respect to an expenditure, 
to the extent that, in the absence of this paragraph, an 
amount would be payable under this part with respect to 
the expenditure. 
‘‘(D) For each State with respect to which a claim 
has been paid under subparagraph (B) of this paragraph, 
the Secretary shall— 
‘‘(i) calculate the overall rate at which the ex-
penditures referred to in subsection (a)(3)(E) have 
been reimbursed under this part during the 3-year
period described in subparagraph (B) of this para-
graph; and 
‘‘(ii) for each subsequent calendar quarter, re-
imburse the expenditures at the overall rate.’’. 
(2) LIMITATION
ON
EXPENDITURES
NOT
RE-
LATED TO PLACEMENT OR CASE MANAGEMENT AC-
TIVITIES.—Section 474 of such Act (42 U.S.C. 674), 
as amended by the preceding provisions of this sec-
tion, is amended by adding at the end the following: 
‘‘(i) A State shall not use more than 15 percent of 
the amounts paid to the State under this part for expendi-
tures relating to determining eligibility, setting rates for 
foster care homes and institutions, and the proportionate 
share of related agency overhead. ’’. 
(d) REMOVAL OF TITLE IV–E FROM FUNDING CAP 
FOR THE TERRITORIES.—Section 1108 of such Act (42 
U.S.C. 1308) is amended in each of subsections (a) and 
(b)(1), by striking ‘‘parts A and E’’ and inserting ‘‘part 
A’’. 
(e) AUTHORITY
OF INDIAN TRIBES
TO RECEIVE 
FEDERAL FUNDS FOR FOSTER CARE AND ADOPTION AS-
SISTANCE.— 
(1) CHILDREN PLACED IN TRIBAL CUSTODY EL-
IGIBLE
FOR
FOSTER
CARE
FUNDING.—Section
472(a)(2) of such Act (42 U.S.C. 672(a)(2)) is 
amended— 
(A) by striking ‘‘or (B)’’ and inserting 
‘‘(B)’’; and 
(B) by inserting before the semicolon the 
following: ‘‘, or (C) an Indian tribe or tribal or-
ganization (as defined in section 479B(e)) or an 
intertribal consortium if the Indian tribe, tribal 
organization, or consortium (i) is operating a 
program pursuant to section 479B, (ii) has a 
cooperative agreement with a State pursuant to 
section 479B(c), or (iii) submits to the Sec-
retary a description of the arrangements (joint-
ly developed or developed in consultation with 
the State) made by the Indian tribe, tribal or-
ganization, or consortium for the payment of 
funds and the provision of the child welfare 
services and protections required by this title’’. 
(2) PROGRAMS OPERATED BY INDIAN TRIBAL 
ORGANIZATIONS.—Part E of title IV of such 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) APPLICATION.—Except as provided in sub-
section (b), this part shall apply to an Indian tribe or trib-
al organization that elects to operate a program under this 
part in the same manner as this part applies to a State. 
‘‘(b) MODIFICATION OF PLAN REQUIREMENTS.— 
‘‘(1) SERVICE AREA; STANDARDS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), in the case of an Indian tribe or 
tribal organization submitting a plan for ap-
proval under section 471, the plan shall— 
‘‘(i) in lieu of the requirement of sec-
tion 471(a)(3), identify the service area or 
areas and population to be served by the 
Indian tribe or tribal organization; and 
‘‘(ii) in lieu of the requirement of sec-
tion 471(a)(10), provide for the approval 
of foster homes pursuant to tribal stand-
ards and in a manner that ensures the 
safety of, and accountability for, children 
placed in foster care. 
‘‘(B) SPECIAL RULE.—With respect to an 
Indian tribe located in the State of Alaska— 
‘‘(i) subparagraph (A)(ii) of this para-
graph shall not apply; and
‘‘(ii) 
the 
requirement 
of 
section 
471(a)(10) shall apply to a plan submitted 
by the tribe. 
‘‘(2) DETERMINATION OF FEDERAL SHARE.— 
‘‘(A) PER CAPITA INCOME.— 
‘‘(i) IN
GENERAL.—For purposes of 
determining the Federal medical assistance 
percentage applicable to an Indian tribe or 
tribal organization under paragraphs (1) 
and (2) of section 474(a), the calculation 
of an Indian tribe’s or tribal organization’s 
per capita income shall be based on the 
service population of the Indian tribe or 
tribal organization as defined in its plan in 
accordance with paragraph (1)(A) of this 
subsection. 
‘‘(ii) CONSIDERATION OF OTHER IN-
FORMATION.—An Indian tribe or tribal or-
ganization may submit to the Secretary 
such information as the Indian tribe or 
tribal organization considers relevant to 
the calculation of the per capita income of 
the Indian tribe or tribal organization, and 
the Secretary shall consider such informa-
tion before making the calculation.
‘‘(B) ADMINISTRATIVE
EXPENDITURES.— 
The Secretary shall, by regulation, determine 
the proportions to be paid to Indian tribes and 
tribal 
organizations 
pursuant 
to 
section 
474(a)(3), except that in no case shall an In-
dian tribe or tribal organization receive a lesser 
proportion than the corresponding amount spec-
ified for a State in that section. 
‘‘(C) 
SOURCES
OF
NON-FEDERAL 
SHARE.—An Indian tribe or tribal organization 
may use Federal or State funds to match pay-
ments for which the Indian tribe or tribal orga-
nization is eligible under section 474. 
‘‘(3) MODIFICATION
OF
OTHER
REQUIRE-
MENTS.—Upon the request of an Indian tribe, tribal 
organization, or a consortia of tribes or tribal orga-
nizations, the Secretary may modify any requirement 
under this part if, after consulting with the Indian 
tribe, tribal organization, or consortia of tribes or 
tribal organizations, the Secretary determines that 
modification of the requirement would advance the 
best interests and the safety of children served by 
the Indian tribe, tribal organization, or consortia of 
tribes or tribal organizations.