ship guardianship or adoption, in accordance 
with subsection (e)(1); and 
‘‘(D) a description of the State’s plan for 
ensuring that congregate care is used appro-
priately and reduces the placement of children 
and youth in such care.’’; and 
(2) by adding at the end the following: 
‘‘(e) STANDARD ARRAY OF CHILD WELFARE SERV-
ICES.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(a)(36), with respect to a State, the standard array 
of child welfare services required under this sub-
section for at-risk children, children in foster care, 
and children who have left foster care to return 
home through reunification or reinstatement of pa-
rental rights or for kinship guardianship or adop-
tion, shall be established by the Secretary in con-
sultation with the director of the State child welfare 
agency for the State. At a minimum, a standard 
array of child welfare services established by a State 
shall— 
‘‘(A) include prevention, intervention, and 
support services (as defined in section 475(13)); 
and 
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‘‘(B) be made available until a child at-
tains 18 years of age or such greater age as the 
State may elect under section 475(8)(B)(iii) to 
both the child and the child’s family, guardian, 
or caretaker. 
‘‘(2) TYPES OF SERVICES.—The standard array 
of child welfare services established with respect to 
a State may include any or all of the following: 
‘‘(A) Family engagement. 
‘‘(B) Trauma-informed child assessment. 
‘‘(C) Trauma-focused behavioral health 
treatment. 
‘‘(D) Permanency Round Tables. 
‘‘(E) Kinship Supports. 
‘‘(3) INTERACTION WITH PART B SERVICES.—If 
a State determines that a child is an at-risk child, 
a child in foster care, or a child who has left foster 
care to return home through reunification or rein-
statement of parental rights or for kinship guardian-
ship or adoption, the child shall be eligible for serv-
ices provided under the State plans approved under 
part B in addition to the standard array of child 
welfare services required under paragraph (1). 
‘‘(4) PAYMENT REQUIREMENTS.—Payments to 
States under section 474(a)(6) for expenditures at-
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tributable to the provision of prevention, interven-
tion, and support services shall only be made if— 
‘‘(A) the State provides or conducts reg-
ular State-specific assessments of the outcomes 
for children and families in relation to the pro-
vision of such services; and 
‘‘(B) the State provides an assurance that 
such payments shall be used to supplement, and 
not supplant, the level of State funds expended 
to provide any service under part B or this part 
for fiscal year 2015.’’. 
(b) DEFINITIONS.—Section 475 of such Act (42 
U.S.C. 675) is amended by adding at the end the fol-
lowing: 
‘‘(13)(A) Subject to subparagraphs (B) and 
(C), the term ‘prevention, intervention, and support 
services’ has the meaning given such term as the 
Secretary, by regulation, shall establish, and shall 
include the following: 
‘‘(i) Initial family assessments for a child 
identified as an at-risk child (as defined in 
paragraph (14)) in accordance with standards 
established by the Secretary that require a case 
worker to identify what the child needs to stay 
safely in his or her home or, if the child cannot 
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stay safely in their home, that specifies that the 
child needs a safe placement outside the home 
as soon as possible. 
‘‘(ii) Follow-up assessments after a child 
has been identified as an at-risk child, placed in 
foster care, or has left foster care to return 
home through reunification or reinstatement of 
parental rights or for kinship guardianship or 
adoption, in accordance with standards estab-
lished by the Secretary. 
‘‘(iii) In-home services for at-risk children, 
children in foster care, and children who have 
left foster care to return home through reunifi-
cation or reinstatement of parental rights or for 
kinship guardianship or adoption, and for the 
families, guardians, or caretakers of such chil-
dren. 
‘‘(iv) Case management services for at-risk 
children, children in foster care, and children 
who have left foster care to return home 
through reunification or reinstatement of paren-
tal rights or for kinship guardianship or adop-
tion, and for the families, guardians, or care-
takers of such children. 
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‘‘(v) Post-permanency supports for at-risk 
children and children who have left foster care 
to return home through reunification or rein-
statement of parental rights or for kinship 
guardianship or adoption, and for the families, 
guardians, or caretakers of such children. 
‘‘(B) The regulation required under subpara-
graph (A) shall provide that such term means any 
services provided to a child, parent, legal or relative 
guardian, family, or caregiver that are intended to 
meet the needs of the child, parent, legal or relative 
guardian, family, or caregiver— 
‘‘(i) prior to the placement of a child in 
foster care, enable the child to safely remain 
with the child’s family; 
‘‘(ii) after the placement of a child in fos-
ter care, enable the child to be safely reunited 
with the child’s family; and 
‘‘(iii) after a child in foster care is reunited 
with the child’s family, adopted, or permanently 
placed with a guardian, ensure the stability, 
health, and safety of the child. 
‘‘(C) The regulations required under subpara-
graph (A) shall provide that such term shall only in-
clude services that are evidence-based or evidence-in-
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formed and address specific outcomes related to 
safety, permanency, or well-being for at-risk chil-
dren, children in foster care, and children who have 
left foster care to return home through reunification 
or reinstatement of parental rights or for kinship 
guardianship or adoption. 
‘‘(14)(A) The term ‘at-risk child’ means a child at 
risk of entering or re-entering the child welfare system 
based on criteria established by the Secretary in consulta-
tion with the States. 
‘‘(B) Such term shall include a child who is deter-
mined to be at risk of entering or re-entering the child 
welfare system on the basis of an appeal by a State under 
such procedures as the Secretary shall establish.’’. 
(c) PAYMENT
FOR SERVICES
AND PERFORMANCE 
ACHIEVEMENT UNDER TITLE IV–E.—Section 474(a) of 
the Social Security Act (42 U.S.C. 674(a)) is amended— 
(1) in paragraph (5), by striking the period at 
the end and inserting ‘‘; plus’’; and 
(2) by adding at the end the following: 
‘‘(6) subject to section 471(e)(4), for each quar-
ter beginning after September 30, 2017, an amount 
equal to the Federal medical assistance percentage 
(which shall be as defined in subsection (b) of sec-
tion 1905 without regard to any increase applicable 
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under another subsection of that section, in the case 
of a State other than the District of Columbia, or 
70 percent, in the case of the District of Columbia) 
of the total amount expended during such quarter as 
found necessary by the Secretary for the provision of 
prevention, intervention, and support services (as de-
fined in section 475(13)) for at-risk children (as de-
fined in section 475(14)), children in foster care, 
and children who have left foster care to return 
home through reunification or reinstatement of pa-
rental rights or for kinship guardianship or adop-
tion, and for the families, guardians, or caretakers 
of such children (or, with respect to such payments 
made during such quarter under a cooperative 
agreement or contract entered into by the State and 
an Indian tribe, tribal organization, or tribal consor-
tium for the administration or payment of funds 
under this part, an amount equal to the Federal 
medical assistance percentage that would apply 
under section 479B(d) (in this paragraph referred to 
as the ‘tribal FMAP’) if such Indian tribe, tribal or-
ganization, or tribal consortium made such pay-
ments under a program operated under that section, 
unless the tribal FMAP is less than the Federal 
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medical assistance percentage that applies to the 
State); plus 
‘‘(7) for each quarter beginning after Sep-
tember 30, 2018, if the State is eligible for a per-
formance achievement payment for a fiscal year 
under section 471(f), an amount equal to 1⁄4 of the 
performance achievement payment determined for 
the State for the fiscal year under section 471(f).’’. 
(d) PERFORMANCE ASSESSMENT; EVALUATIONS AND 
REPORTS.—Section 471 of such Act (42 U.S.C. 671) (as 
amended by subsection (c)) is amended by adding at the 
end the following: 
‘‘(f) PERFORMANCE ACHIEVEMENT.—The Secretary 
shall establish criteria for assessing State performance 
with respect to achieving the goals described in subsection 
(a)(37)(A) and furthering the purposes of this part and 
for awarding performance achievement payments to States 
under section 474(a)(7). 
‘‘(g) EVALUATIONS AND REPORTS.— 
‘‘(1) EVALUATIONS.— 
‘‘(A) IN
GENERAL.—The Secretary, di-
rectly or through grants, contracts, or inter-
agency agreements, shall conduct research and 
evaluations with respect to the payments made 
under paragraphs (6) and (7) of section 474(a) 
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for purposes of assessing the extent to which 
the provision of payments under such para-
graphs are related to State progress towards 
achieving the goals described in subsection 
(a)(37)(A) and the purposes of this part. 
‘‘(B) STATE COOPERATION.—In order to 
be entitled to a payment under paragraphs (6) 
or (7) of section 474(a), a State shall agree to 
cooperate with the conduct of any such research 
or evaluations. 
‘‘(2) REPORTS.— 
‘‘(A) STATE REPORTS.—Each State that 
receives a payment under paragraph (6) or (7) 
of section 474(a) shall submit such reports to 
the Secretary as the Secretary may require with 
respect to State expenditures for which pay-
ments are made under that section. 
‘‘(B) REPORTS TO CONGRESS.—The Sec-
retary shall submit to the Committee on Ways 
and Means of the House of Representatives and 
the Committee on Finance of the Senate peri-
odic reports based on the State reports sub-
mitted under subparagraph (A) and the re-
search and evaluations conducted under para-
graph (1), together with such recommendations 
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for administrative or legislative changes as the 
Secretary determines appropriate. 
‘‘(C) PUBLIC
AVAILABILITY.—The Sec-
retary shall make the State reports and the re-
ports to Congress submitted under this para-
graph publicly available.’’. 
(e) CONFORMING AMENDMENTS.— 
(1) PURPOSE.—The first sentence of section 
470 of such Act (42 U.S.C. 670) is amended by 
striking ‘‘foster care’’ and all that follows through 
‘‘needs’’ and inserting ‘‘prevention, intervention, and 
support services, foster care, transitional inde-
pendent living programs for children, support for 
children who have left foster care to return home 
through reunification or reinstatement of parental 
rights, kinship guardianship assistance, adoption as-
sistance for children with special needs, and per-
formance achievement payments’’. 
(2) STATE PLAN.—Section 471(a)(1) of such 
Act (42 U.S.C. 671(a)(1)) is amended by striking 
‘‘and’’ and all that follows through the semicolon 
and inserting ‘‘, adoption assistance in accordance 
with section 473, and prevention, intervention, and 
support services for at-risk children, children in fos-
ter care, and children who have left foster care to re-
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turn home through reunification or reinstatement of 
parental rights or for kinship guardianship or adop-
tion in accordance with subsection (e);’’. 
(3) TRAINING.—Section 474(a)(3)(B) of such 
Act (42 U.S.C. 674(a)(3)(B)) is amended by insert-
ing ‘‘and in ways that include training on how to 
provide such support and assistance, as well as 
training on prevention, intervention, and support 
services and how to provide such services,’’ after 
‘‘living with relative guardians,’’. 
SEC. 102. STATE OPTION FOR SIMPLIFIED REIMBURSE-
MENT OF IV–E ADMINISTRATIVE COSTS. 
Section 474 of such Act (42 U.S.C. 674) is amend-
ed— 
(1) in subsection (a)(3), in the matter pre-
ceding subparagraph (A), by inserting ‘‘subsection 
(h) and’’ before ‘‘section 472(i)’’; and 
(2) by adding at the end the following: 
‘‘(h) STATE OPTION TO ELECT ALLOTMENT FOR 
SPECIFIED ADMINISTRATIVE COSTS.— 
‘‘(1) PROCESS FOR DETERMINATION OF ADMIN-
ISTRATIVE COSTS ALLOTMENT.—For fiscal years be-
ginning after September 30, 2017, a State may elect 
to be paid an administrative costs allotment for a 
fiscal year under this subsection in lieu of receiving 
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payments under subsection (a)(3) for each quarter 
of the fiscal year for the costs that are specified to 
be paid out of the allotment. The Secretary shall de-
termine the alternative administrative costs allot-
ment for a State for a fiscal year by— 
‘‘(A) consulting with the State; 
‘‘(B) identifying the specific categories of 
administrative costs that will be paid out of the 
allotment; 
‘‘(C) taking into account the State’s histor-
ical and projected expenditures for such cat-
egories of administrative costs; and 
‘‘(D) taking into account such other data 
or information as the Secretary and the State 
determine appropriate. 
‘‘(2) SIMPLIFIED
REPORTING.—The Secretary 
shall establish a simplified, streamlined process for 
a State with an administrative costs allotment for a 
fiscal year to report expenditures from the allotment 
with respect to the fiscal year that shall apply in lieu 
of any other reporting requirements under this part 
that would otherwise apply to such expenditures.’’. 
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TITLE II—FLEXIBILITY TO 
SERVE ALL CHILDREN IN NEED 
SEC. 201. ELIMINATION OF INCOME BARRIER TO SERVING 
ALL CHILDREN IN NEED OF FOSTER CARE 
MAINTENANCE PAYMENTS. 
(a) DELINKAGE OF AFDC ELIGIBILITY CRITERIA.— 
Section 472(a) of the Social Security Act (42 U.S.C. 
672(a)) is amended— 
(1) in paragraph (1), in the matter preceding 
subparagraph (A), by striking ‘‘specified’’ and all 
that follows through the period and inserting ‘‘or 
caretaker into foster care if the removal and foster 
care placement met, and continue to meet, the re-
quirements of paragraph (2).’’; 
(2) in paragraph (2)(A)(i), by inserting ‘‘or 
caretaker’’ after ‘‘relative’’; and 
(3) by striking paragraphs (3) and (4). 
(b) 
CONFORMING
AMENDMENT.—Section 
479B(c)(1)(C)(ii) 
of 
such 
Act 
(42 
U.S.C. 
679c(c)(1)(C)(ii)) is amended to read as follows: 
‘‘(ii) SATISFACTION OF FOSTER CARE 
ELIGIBILITY
REQUIREMENTS.—For pur-
poses of determining whether the removal 
and foster care placement of a child whose 
placement and care are the responsibility 
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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), with respect to the first 12 months 
for which such plan is in effect, paragraph 
(1) of section 472(a) shall not be inter-
preted so as to prohibit the use of affida-
vits or nunc pro tunc orders as verification 
documents in support of the reasonable ef-
forts and contrary to the welfare of the 
child 
judicial 
determinations 
required 
under that paragraph.’’. 
(c) BUDGET
NEUTRAL
IMPLEMENTATION.—Not 
later than 180 days after the date of enactment of this 
Act, the Secretary of Health and Human Services and the 
Director of the Office of Management and Budget jointly 
shall submit to Congress a plan that specifies such legisla-
tive and administrative actions as the Secretary of Health 
and Human Services and the Director of the Office of 
Management and Budget determine are necessary to en-
sure that the amendments made by subsections (a) and 
(b) are implemented in a manner that is budget neutral. 
(d) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect on the later of— 
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(1) October 1, 2018; or 
(2) the date that is 180 days after the date the 
plan required under subsection (c) is submitted to 
Congress. 
SEC. 202. ELIMINATION OF BARRIERS TO PERMANENCY 
FOR OLDER YOUTH IN FOSTER CARE. 
(a) EXPANSION
OF STATE OPTION TO PROVIDE 
SERVICES TO YOUTH WHO HAVE ATTAINED AGE 18.— 
Section 475(8)(B)(iv) of the Social Security Act (42 
U.S.C. 675(8)(B)(iv)) is amended— 
(1) in subclause (IV), by striking ‘‘or’’ after the 
semicolon; 
(2) in subclause (V), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
clause: 
‘‘(VI) pursuing legal permanency 
through family reunification, perma-
nent placement with a relative, adop-
tion, legal guardianship, other planned 
permanent living arrangement, or 
such other pathways to permanency 
as the State, in consultation with the 
Secretary, may specify.’’. 
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(b) EXTENDING ELIGIBILITY FOR CHAFEE PROGRAM 
SERVICES AND EDUCATION AND TRAINING VOUCHERS TO 
YOUTH WHO RETURN HOME AFTER ATTAINING AGE 
16.—Section 477 of the Social Security Act (42 U.S.C. 
677) is amended— 
(1) in subsection (a)(7), by inserting ‘‘, or who 
return home through reunification or reinstatement 
of parental rights’’ before the semicolon; and 
(2) in subsection (i)(2), by inserting ‘‘, or who 
return home through reunification or reinstatement 
of parental rights,’’ after ‘‘foster care’’. 
(c) DEVELOPMENT AND DISSEMINATION OF PERMA-
NENCY-SUPPORTIVE HOUSING OPTIONS.—Not later than 
September 30, 2017, the Secretary of Health and Human 
Services, the Secretary of Housing and Urban Develop-
ment, and the Secretary of Education, jointly shall do the 
following: 
(1) DEVELOP AND DISSEMINATE TO STATES.— 
Develop and disseminate to States flexible sup-
portive housing options, developed in consultation 
with States, foster youth, providers, and other im-
portant stakeholders, that provide opportunities for 
youth who age out of foster care to achieve legal and 
lifelong permanency while living independently, and 
which allow for developmentally appropriate housing 
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situations, including dorm living, room leases, and 
roommate situations. 
(2) RECOMMENDATIONS
TO
CONGRESS.—Sub-
mit recommendations, developed in consultation with 
States, foster youth, providers, and other important 
stakeholders, to Congress for such legislative action 
as the Secretaries determine are necessary to in-
crease the availability of flexible supportive housing 
options that would allow youth who age out of foster 
care to achieve legal and lifelong permanency. 
TITLE III—MISCELLANEOUS 
SEC. 301. APPLICATION TO STATES WITH WAIVERS AND 
TERRITORIES. 
(a) APPLICATION TO STATES WITH WAIVERS.— 
(1) GENERAL NONAPPLICATION.—If any waiver 
granted to a State, Indian tribe, tribal organization, 
or tribal consortium under section 1130 of this Act 
or otherwise which relates to the provision of assist-
ance under a State plan under this part (as in effect 
on September 30, 2015) is in effect as of the date 
of enactment of this Act, the amendments made by 
this Act shall not apply with respect to the State, 
Indian tribe, tribal organization, or tribal consortium 
before the expiration of the waiver to the extent such 
amendments are inconsistent with the waiver. 
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(2) EARLY TERMINATION.— 
(A) REPORT.—If a State, Indian tribe, 
tribal organization, or tribal consortium elects 
to terminate a waiver described in paragraph 
(1) before the expiration of the waiver, the 
State, Indian tribe, tribal organization, or tribal 
consortium shall submit a report to the Sec-
retary summarizing the waiver and any avail-
able information concerning the result or effect 
of the waiver. 
(B) HOLD HARMLESS PROVISION.— 
(i) IN
GENERAL.—Notwithstanding 
any other provision of law, a State, Indian 
tribe, tribal organization, or tribal consor-
tium that, not later than the date de-
scribed in clause (ii) of this subparagraph, 
submits a written request to terminate a 
waiver described in paragraph (1) shall be 
held harmless for accrued cost neutrality 
liabilities incurred under the waiver. 
(ii) DATE DESCRIBED.—The date de-
scribed in this subparagraph is 90 days 
following the adjournment of the first reg-
ular session of the State legislature that 
begins after the date of the enactment of 
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this Act (or in the case of an Indian tribe, 
tribal organization, or tribal consortium, 
90 days following such date as the Sec-
retary shall establish in consultation with 
the Indian tribe, tribal organization, or 
tribal consortium). 
(3) SECRETARIAL
ENCOURAGEMENT
OF
CUR-
RENT WAIVERS.—The Secretary shall encourage any 
State, Indian tribe, tribal organization, or tribal con-
sortium operating a waiver described in paragraph 
(1) to continue the waiver and to evaluate the result 
or effect of the waiver. 
(4) CONTINUATION OF INDIVIDUAL WAIVERS.— 
A State, Indian tribe, tribal organization, or tribal 
consortium may elect to continue one or more indi-
vidual waivers described in paragraph (1). 
(b) INDIAN TRIBES OPERATING IV–E PROGRAMS 
CONSIDERED STATES.—Not later than 120 days after the 
date of enactment of this Act, the Secretary shall issue 
guidance regarding how an Indian tribe, tribal organiza-
tion, or tribal consortium that has elected to operate a 
program under part E of title IV of the Social Security 
Act in accordance with section 479B of such Act (42 
U.S.C. 679c) may revise the tribal plan submitted in ac-
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cordance with such section to take into account, as appro-
priate, the amendments made by this Act. 
(c) DISREGARD FROM LIMITATION ON TOTAL PAY-
MENTS TO TERRITORIES.—Section 1108(a)(2) of the So-
cial Security Act (42 U.S.C. 1308(a)(2)) is amended by 
striking ‘‘or 413(f)’’ and inserting ‘‘413(f), 474(a)(6), 
474(a)(7), or 474(h)’’. 
SEC. 302. DISSEMINATION OF BEST PRACTICES. 
The Secretary of Health and Human Services annu-
ally shall identify and disseminate to States best practices 
for achieving safety, permanency, and well-being outcomes 
for children in need of child welfare services. 
SEC. 303. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as otherwise provided and 
subject to subsection (b), this Act and the amendments 
made by this Act take effect on October 1, 2015. 
(b) DELAY PERMITTED IF STATE LEGISLATION RE-
QUIRED.—In the case of a State plan under part E of 
title IV of the Social Security Act which the Secretary of 
Health and Human Services determines requires State 
legislation (other than legislation appropriating funds) in 
order for the plan to meet the additional requirements im-
posed by the amendments made by this Act, the State plan 
shall not be regarded as failing to comply with the require-
ments of such part solely on the basis of the failure of 
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the plan to meet such additional requirements before the 
first day of the first calendar quarter beginning after the 
close of the first regular session of the State legislature 
that begins after the date of enactment of this Act. For 
purposes of the previous sentence, in the case of a State 
that has a 2-year legislative session, each year of such ses-
sion shall be deemed to be a separate regular session of 
the State legislature. 
Æ 
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PO 00000
Frm 00026
Fmt 6652
Sfmt 6301
E:\BILLS\H5364.IH
H5364
sradovich on DSK3TPTVN1PROD with BILLS