I 
109TH CONGRESS 
1ST SESSION H. R. 3758 
To improve foster care court capacity through grants, loan forgiveness, and 
performance measurement. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 13, 2005 
Mr. SCHIFF introduced the following bill; which was referred to the Committee 
on Ways and Means, and in addition to the Committees on Education 
and the Workforce and Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To improve foster care court capacity through grants, loan 
forgiveness, and performance measurement. 
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 ‘‘Fostering Our Future 
Act of 2005’’. 
SEC. 2. IMPROVEMENTS TO COURTS. 
(a) IN GENERAL.—Section 13712(b) of the Omnibus 
Budget Reconciliation Act of 1993 (42 U.S.C. 629b) is 
amended to read as follows:
‘‘(b) ELIGIBILITY.—In order to be eligible for a grant 
under this section: 
‘‘(1) APPLICATION.—A highest State court 
shall submit to the Secretary an application at such 
time, in such form, and including such information 
and assurances as the Secretary shall require. 
‘‘(2) MEASURES OF COURT PERFORMANCE.— 
There shall be in effect in the State such laws and 
procedures as are necessary to ensure that the 
courts of the State measure the following with re-
spect to children under the jurisdiction of the courts: 
‘‘(A) The percentage of children who do 
not have a subsequent petition of maltreatment 
filed in court after the initial such petition is 
filed. 
‘‘(B) The percentage of children who are 
the subject of additional allegations of maltreat-
ment within 12 months after the original peti-
tion was closed. 
‘‘(C) The percentages of children who 
reach legal permanency within 6 months after 
removal, within 12 months thereafter, within 18 
months thereafter, and within 24 months there-
after.
‘‘(D) The percentage of children who do 
not reach permanency in the foster care system. 
‘‘(E) The percentages of children who re- 
enter foster care pursuant to court order within 
12 months after being returned to their fami-
lies, and within 24 months thereafter. 
‘‘(F) The percentages of children who re-
turn to foster care pursuant to court order 
within 12 months after being adopted or placed 
with an individual or couple who are permanent 
guardians, and within 24 months thereafter. 
‘‘(G) The percentages of children who are 
transferred among 1, 2, 3, or more placements 
while under court jurisdiction, distinguishing, 
where possible, between placements in and out 
of a child’s own home from multiple placements 
in a variety of environments. 
‘‘(H) The percentage of cases in which 
both parents receive written service of process 
within the required time standards or where no-
tice of hearing has been waived by parties. 
‘‘(I) The percentage of cases in which 
there is documentation that timely and proper 
notice is given to parties in advance of the next 
hearing.
‘‘(J) The percentage of cases in which chil-
dren who have attained 10 years of age receive 
notice of the legal proceedings in their depend-
ency case; the percentage of cases in which chil-
dren who have attained 10 years of age are 
present in court and afforded an opportunity to 
be heard in their own cases; and the percentage 
of cases in which children have legal representa-
tion. 
‘‘(K) The percentage of cases in which the 
court reviews case plans within established time 
guidelines. 
‘‘(L) The percentage of children receiving 
legal counsel, guardians ad litem, or court-ap-
pointed special advocates before the preliminary 
protective hearing or equivalent, with separate 
measures of the percentages of each type of 
representation and of whether the representa-
tion was received within established time guide-
lines, within 5 days after the adoption petition 
is filed, within 6 through 10 days after the fil-
ing, and within more than 10 days after the fil-
ing. 
‘‘(M) The percentage of cases in which 
counsel for parents are appointed before the