I 
108TH CONGRESS 
1ST SESSION H. R. 1534
To improve the ability of the child welfare system to prevent and respond 
to child abuse and place children in safe, loving, and permanent homes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 1, 2003
Mr. CARDIN (for himself, Mr. GEORGE MILLER of California, Mr. RANGEL, 
Mr. STARK, Mr. LEVIN, and Mr. MCDERMOTT) introduced the following 
bill; which was referred to the Committee on Ways and Means 
A BILL 
To improve the ability of the child welfare system to prevent 
and respond to child abuse and place children in safe, 
loving, and permanent homes.
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 ‘‘Child Protective Serv-
ices Improvement Act’’. 
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—ENSURING CHILD SAFETY BY PAYING FOR 
PERFORMANCE 
Sec. 101. Grants and bonuses to improve State performance. 
Sec. 102. Report on enhanced data on child well-being. 
TITLE II—SUPPORTING QUALITY FRONT LINE WORKERS 
Sec. 201. Child welfare service quality improvement grants. 
Sec. 202. Increase in payment rate for States for expenditures for short term 
training of staff of certain child welfare agencies and court per-
sonnel. 
TITLE III—COMBATTING THE EFFECTS OF SUBSTANCE ABUSE 
Sec. 301. Child protection/alcohol and drug partnerships for children. 
TITLE IV—INCREASING STATE FLEXIBILITY TO SERVE FAMILIES 
Sec. 401. State option to align eligibility for foster care maintenance payments 
and adoption assistance with TANF eligibility. 
Sec. 402. Kinship guardianship assistance payments for children. 
Sec. 403. Modifications relating to child welfare demonstration projects. 
TITLE V—ENSURING ADEQUATE FUNDING FOR PREVENTION 
AND ADOPTION ACTIVITIES 
Sec. 501. Ensuring adequate funding for prevention and adoption activities. 
TITLE VI—EFFECTIVE DATE 
Sec. 601. Effective date.
TITLE 
I—ENSURING 
CHILD 
SAFETY BY PAYING FOR PER-
FORMANCE 
SEC. 101. GRANTS AND BONUSES TO IMPROVE STATE PER-
FORMANCE. 
(a) IN GENERAL.—Part B of title IV of the Social 
Security Act (42 U.S.C. 629–629i) is amended by adding 
at the end the following: 
‘‘Subpart 3—Improving State Performance 
‘‘SEC. 440. GRANTS AND BONUSES TO IMPROVE STATE PER-
FORMANCE. 
‘‘(a) GRANTS.—
‘‘(1) IN GENERAL.—Each State that is a quali-
fied State with respect to a fiscal year specified in 
paragraph (4) shall be entitled to receive from the 
Secretary a grant for the fiscal year in an amount 
equal to the amount described in paragraph (2). 
‘‘(2) AMOUNT OF GRANT.—The amount of the 
grant payable to a State under paragraph (1) for a 
fiscal year shall be the amount that bears the same 
ratio to the total amount available for grants under 
paragraph (1) for the fiscal year as the number of 
children in the State who have not attained 18 years 
of age bears to the number of children in all quali-
fied States for the fiscal year. 
‘‘(3) USE OF GRANT.—
‘‘(A) IN GENERAL.—A State to which a 
grant is made under paragraph (1) of this sub-
section shall use the grant to carry out the cor-
rective action plan referred to in subsection 
(c)(1). 
‘‘(B) CARRYOVER OF FUNDS.—A State to 
which a grant is made under paragraph (1) for 
a fiscal year may expend the grant in the fiscal 
year or the next fiscal year. 
‘‘(C) NO
SUPPLANTATION.—A State to 
which a grant is made under paragraph (1)
shall use the grant to supplement and not sup-
plant any Federal, State, or local funds used 
for child welfare services or child welfare train-
ing. 
‘‘(4) 
REALLOTMENT
OF
UNEXPENDED 
FUNDS.—To the extent that a grant made under 
paragraph (1) is not expended by the grantee during 
the time provided by paragraph (3)(B), the grantee 
shall remit the unexpended portion of the grant to 
the Secretary, who shall make the amount avail-
able—
‘‘(A) if the next fiscal year is fiscal year 
2005, for grants under paragraph (1) for fiscal 
year 2005; or 
‘‘(B) in any other case, for grants under 
subsection (b) for the then next fiscal year. 
‘‘(5) APPROPRIATION.—
‘‘(A) IN GENERAL.—Out of any money in 
the Treasury of the United States not otherwise 
appropriated, there are appropriated to carry 
out this subsection $100,000,000 for each of 
fiscal years 2004 and 2005. 
‘‘(B) AVAILABILITY.—The amounts appro-
priated by subparagraph (A) shall remain avail-
able for grants under this subsection through
fiscal year 2005. Any amount so appropriated 
that remains unexpended by the Secretary at 
the end of fiscal year 2005 shall be available for 
expenditure under subsection (b) through fiscal 
year 2008. 
‘‘(b) BONUSES.—
‘‘(1) IN GENERAL.—Each State that is a quali-
fied State with respect to a fiscal year specified in 
paragraph (4) shall be entitled to received from the 
Secretary a bonus for the fiscal year in an amount 
equal to the amount described in paragraph (2), if 
the Secretary determines that, in the preceding fis-
cal year, the State made significant progress in 
achieving the goals of the corrective action plan re-
ferred to in subsection (c)(1). 
‘‘(2) AMOUNT OF GRANT.—The amount of the 
bonus payable to a State under paragraph (1) for a 
fiscal year shall be the amount that bears the same 
ratio to the total amount available for grants under 
paragraph (1) for the fiscal year as the number of
children in the State who have not attained 18 years 
of age bears to the number of such children in all 
qualified States to which a bonus is so payable for 
the fiscal year. 
‘‘(3) USE OF GRANT.—
‘‘(A) IN GENERAL.—A State to which a 
grant is made under paragraph (1) of this sub-
section shall use the grant to carry out the cor-
rective action plan referred to in subsection 
(c)(1). 
‘‘(B) CARRYOVER OF FUNDS.—A State to 
which a grant is made under paragraph (1) for 
a fiscal year may expend the grant in the fiscal 
year or the next fiscal year. 
‘‘(C) NO
SUPPLANTATION.—A State to 
which a grant is made under paragraph (1) 
shall use the grant to supplement and not sup-
plant any Federal, State, or local funds used 
for child welfare services or child welfare train-
ing. 
‘‘(4) 
REALLOTMENT
OF
UNEXPENDED 
FUNDS.—To the extent that a grant made under 
paragraph (1) is not expended by the grantee during 
the time provided by paragraph (3)(B), the grantee 
shall remit the unexpended portion of the grant to 
the Secretary, who shall make the amount available 
for grants under paragraph (1) for the then next fis-
cal year. 
‘‘(5) APPROPRIATION.—
‘‘(A) IN GENERAL.—Out of any money in 
the Treasury of the United States not otherwise 
appropriated, there are appropriated to carry 
out this subsection $100,000,000 for each of 
fiscal years 2006 through 2008. 
‘‘(B) AVAILABILITY.—The amounts appro-
priated by subparagraph (A) shall remain avail-
able for grants under this subsection through 
fiscal year 2008. 
‘‘(c) DEFINITIONS.—
‘‘(1) QUALIFIED STATE.—In this section, the 
term ‘qualified State’ means, with respect to a fiscal 
year, a State that—
‘‘(A) has in effect during the fiscal year a 
corrective action plan approved under section 
1123A(b)(4); and 
‘‘(B) has submitted to the Secretary a doc-
ument which describes the efforts that were 
made by the State to develop community in-
volvement in establishing the corrective action 
plan. 
‘‘(2) STATE.—The term ‘State’ means each of 
the 50 States, the District of Columbia, Puerto Rico, 
Guam, the United States Virgin Islands, American 
Samoa, and the Northern Mariana Islands.’’.
SEC. 102. REPORT ON ENHANCED DATA ON CHILD WELL-
BEING. 
Not later than October 2004, the Secretary of Health 
and Human Services shall provide to the Congress rec-
ommendations on improving the quality and usefulness of 
data being collected through the Adoption and Foster 
Care Analysis and Reporting System (in this section re-
ferred to as ‘‘AFCARS’’). The Secretary should develop 
the recommendations in consultation with State agencies 
which have functions related to child welfare and with ex-
perts in fields related to child welfare. In developing the 
recommendations, the Secretary shall consider modifying 
AFCARS to include the collection and analysis of longitu-
dinal data, as well as entry and exit cohort analysis, and 
a measure of adoption disruption. 
TITLE II—SUPPORTING QUALITY 
FRONT LINE WORKERS 
SEC. 201. CHILD WELFARE SERVICE QUALITY IMPROVE-
MENT GRANTS. 
Part B of title IV of the Social Security Act (42 
U.S.C. 620–629i) is further amended by adding at the end 
the following:
‘‘Subpart 4—Supporting Quality Front Line Workers 
‘‘SEC. 440A. CHILD WELFARE SERVICE QUALITY IMPROVE-
MENT GRANTS. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the Administration of Children and Families, shall make 
grants to States to improve the quality of child welfare 
services by increasing the quality and capacity of their 
child welfare workforce or by increasing the coordination 
of their child welfare services. 
‘‘(b) APPLICATIONS.—
‘‘(1) CONTENTS.—A State desiring to receive a 
grant under this section shall submit to the Sec-
retary an application that includes the following: 
‘‘(A) PLAN.—A detailed description of how 
the State would use the grant, during the 5-
year period beginning with the date the grant 
is received, to improve working conditions of 
child welfare workers in any agency providing a 
service under the State plan approved under 
subpart 1 or 2 of part B or part E in 1 or more 
ways described in paragraph (2), and an expla-
nation of how doing so would help the State 
achieve the outcomes set forth in the Final List 
of Child Welfare Outcomes and Measures (64 
Fed. Reg. 45552–45554).
‘‘(B) 
BASELINE
DATA
ON
STATE-SE-
LECTED
INDICATORS.—The information de-
scribed in those subparagraphs of paragraph 
(3) which describe the indicators that the State 
intends to improve on using the grant, with re-
spect to all child welfare agencies in the State 
for the fiscal year preceding the first fiscal year 
for which the grant is requested. 
‘‘(C) BUDGET.—A budget showing how the 
State would expend funds (including any grant 
funds provided under this section) for child wel-
fare services or the improvement of the services. 
‘‘(2) WAYS
TO
IMPROVE
WORKING
CONDI-
TIONS.—The ways described in this paragraph to 
improve working conditions of child welfare workers 
are the following: 
‘‘(A) Increase the wages of supervisory and 
nonsupervisory child welfare workers.
‘‘(B) Increase the number of State super-
visory and nonsupervisory staff working on 
strengthening and preserving families and im-
proving child well-being, permanency, and safe-
ty. 
‘‘(C) Reduce the turnover rate for super-
visory and nonsupervisory child welfare workers
in the State, and the number of supervisory and 
nonsupervisory staff vacancies in child welfare 
agencies. 
‘‘(D) Improve the formal education and 
training of supervisory and nonsupervisory child 
welfare workers. 
‘‘(E) Increase the number of supervisory 
and nonsupervisory child welfare workers who 
have graduated from an institution of higher 
education in such fields of study as the Sec-
retary determines are related to the delivery of 
child welfare services. 
‘‘(F) Coordinate training, recruitment, and 
retention strategies for child welfare workers. 
‘‘(G) Provide educational scholarships for 
fields of study relevant to the purposes of parts 
B and E in return for substantial service. 
‘‘(H) Implement strategies to increase the 
safety of child welfare workers. 
‘‘(I) Enable the State child welfare agen-
cies to coordinate the provision of services with 
State and local health care agencies, State and 
local alcohol and drug abuse prevention and 
treatment agencies, State and local mental 
health agencies, State and local housing agen-
cies, State and local agencies administering the 
Temporary Assistance for Needy Families pro-
gram, and other welfare agencies to promote 
child safety, permanence, and family stability. 
‘‘(J) Provide training to improve the abil-
ity of child welfare workers to include and in-
volve families in planning decisions for children 
served by State child welfare agencies. 
‘‘(3) DESCRIPTION OF BASELINE DATA.—The 
data described in this paragraph are the following: 
‘‘(A) The average salary of supervisory 
child welfare workers, and of nonsupervisory 
child welfare workers. 
‘‘(B) The average number of children or 
families, per caseworker—
‘‘(i) for caseworkers who provide serv-
ices for abused or neglected children and 
their families; 
‘‘(ii) for caseworkers who provide 
services to strengthen and preserve fami-
lies with children; 
‘‘(iii) for caseworkers who provide 
adoption services; and 
‘‘(iv) for caseworkers who provide 
family foster care services.
‘‘(C) The total number of vacancies in su-
pervisory staff positions and in nonsupervisory 
staff positions, and each such number expressed 
as a percentage of each type of staff position. 
‘‘(D) The average rate at which super-
visory child welfare workers left employment, 
and at which nonsupervisory child welfare work-
ers left employment. 
‘‘(E) The average duration of employment 
of supervisory child welfare workers and of non-
supervisory child welfare workers. 
‘‘(F) The total number and percentage of 
supervisory child welfare workers and of non-
supervisory child welfare workers who have re-
ceived a bachelor’s or more advanced degree 
from an institution of higher education, in the 
aggregate, and broken down by field of study. 
‘‘(G) The average number of staff for 
whom supervisory child welfare workers are re-
sponsible. 
‘‘(H) The range and scope of pre-service 
and in-service training opportunities, including 
numbers and percentage of supervisory child 
welfare staff and of nonsupervisory child wel-
fare staff engaged in training programs.
‘‘(I) The number and severity of injuries 
and threats to child welfare workers, and the 
strategies used to address the safety of child 
welfare workers. 
‘‘(J) Data that indicates whether families 
and children received support services (such as 
mental and physical health care, food stamps, 
affordable housing, and substance abuse pre-
vention and treatment) needed to create a sta-
ble home environment. 
‘‘(K) Such other indicators as the Sec-
retary may by regulation prescribe. 
‘‘(4) AMENDMENT OF APPLICATIONS.—A State 
may at any time submit to the Secretary an amend-
ment to the application of the State under this sub-
section. On approval of such an amendment, the ap-
plication shall be considered to include the amend-
ment. 
‘‘(c) GRANTS.—
‘‘(1) IN GENERAL.—On certification by the Sec-
retary that a State application for a grant under 
this section meets the requirements of subsection (b) 
and that implementing the activities described in the 
application would help the State achieve some of the 
outcomes set forth in the Final List of Child Welfare
Outcomes and Measures (64 Fed. Reg. 45552–
45554), and on approval by the Secretary of the ap-
plication, the State shall be eligible to receive a 
grant under this section for each fiscal year for 
which funds are available for such a grant. 
‘‘(2) GRANT
AMOUNT.—The Secretary shall 
make a grant to each State that is eligible to receive 
a grant under this section for a fiscal year, in an 
amount equal to the lesser of—
‘‘(A) the amount finally allotted to or re-
served for the State under this subsection for 
the fiscal year; or 
‘‘(B) 3 times the amount that the State 
has committed to spend to carry out the activi-
ties described in the approved application.
‘‘(3) RESERVATION OF FUNDS.—
‘‘(A) PUERTO RICO.—The Secretary shall 
reserve 1.75 percent of the funds appropriated 
pursuant to subsection (j) for each fiscal year, 
for a grant to Puerto Rico under this section 
for the fiscal year. If, for a fiscal year, Puerto 
Rico does not submit to the Secretary an appli-
cation that meets the requirements of sub-
section (b), the funds so reserved shall be avail-
able for allotment under paragraph (4) of this
subsection for the succeeding fiscal year or (if 
the succeeding fiscal year is fiscal year 2009) 
remitted to the Treasury of the United States. 
‘‘(B) OTHER
TERRITORIES.—The Sec-
retary shall reserve 0.3 percent of the funds ap-
propriated pursuant to subsection (j) for each 
fiscal year, for grants among the United States 
Virgin Islands, Guam, American Samoa, and 
the Commonwealth of the Northern Mariana Is-
lands under this section in such amounts as the 
Secretary deems appropriate for the fiscal year. 
If, for a fiscal year, none of such territories 
submits to the Secretary an application that 
meets the requirements of subsection (b), the 
funds so reserved shall be available for allot-
ment under paragraph (4) of this subsection for 
the succeeding fiscal year or (if the succeeding 
fiscal year is fiscal year 2009) remitted to the 
Treasury of the United States. 
‘‘(C) INDIAN TRIBES.—The Secretary shall 
reserve 2 percent of the funds appropriated 
pursuant to subsection (j) for each fiscal year, 
for grants among Indian tribes under this sec-
tion in such amounts as the Secretary deems 
appropriate for the fiscal year. If, for a fiscal
maining amount as the number of individuals 
who reside in the State and have not attained 
18 years of age bears to the total number of 
such individuals in all States not described in 
paragraph (3) that are eligible for a grant 
under this section for such most recent fiscal 
year. 
‘‘(B) FINAL ALLOTMENT.—The Secretary 
shall reduce the amount initially allotted to 
each State with an initial allotment under sub-
paragraph (A) of more than $300,000, on a pro 
rata basis, to the extent necessary to ensure 
that the amount finally allotted to each such 
State is not less than $300,000. 
‘‘(d) USE OF GRANT.—
‘‘(1) IN GENERAL.—A State to which a grant 
is made under this section shall use the grant in ac-
cordance with the approved application for the 
grant. 
‘‘(2) AVAILABILITY OF FUNDS.—A State that 
receives funds under this section shall remit to the 
Secretary any of such funds that remain unexpended 
by the State at the end of the 2-year period that be-
gins with the date of the receipt.
‘‘(3) NO SUPPLANTATION.—A State to which a 
grant is made under this section shall use the grant 
to supplement and not supplant any Federal, State, 
or local funds used for child welfare services or child 
welfare training. 
‘‘(e) MONITORING.—The Secretary shall monitor the 
activities of grantees under this section to ensure compli-
ance with this section and any State plan of the grantee 
under subpart 1. 
‘‘(f) TECHNICAL ASSISTANCE.—The Secretary may 
provide technical assistance to any grantee to assist the 
grantee in improving the quality of child welfare services, 
including strategies to recruit, train, and retain high qual-
ity staff, and in complying with the provisions of law re-
ferred to in subsection (e). 
‘‘(g) ENFORCEMENT.—
‘‘(1) IN GENERAL.—If the Secretary determines 
that, during a fiscal year, a grantee under this sec-
tion has not complied with a requirement of this 
Act, the Secretary may—
‘‘(A) in the case of the 1st such determina-
tion of noncompliance, reduce by not less than 
5 percent the amount of the grant otherwise 
payable to the grantee under this section for 
the fiscal year;
‘‘(B) in the case of the 2nd such deter-
mination of noncompliance, reduce by not less 
than 25 percent the amount of the grant other-
wise payable to the grantee under this section 
for the fiscal year; and 
‘‘(C) in the case of the 3rd or any subse-
quent such determination of noncompliance, 
withhold the payment of a grant to the grantee 
under this section for any succeeding fiscal 
year, notwithstanding subsection (c). 
‘‘(2) RECOVERY.—In the case of a determina-
tion under paragraph (1) of grantee noncompliance, 
to the extent that a penalty cannot be imposed 
under paragraph (1), the Secretary shall require the 
grantee to remit to the Secretary the amount of the 
penalty not able to be so imposed.
‘‘(h) EVALUATION.—
‘‘(1) IN GENERAL.—Not later than September 
30, 2006, the Secretary shall conduct an interim 
evaluation to determine whether the grantees under 
this section have improved the provision of child wel-
fare services beyond the level reflected in the base-
line data set forth in the applications submitted by 
the grantees under this section.
‘‘(2) FINAL
REPORT.—Not later than Sep-
tember 30, 2008, the Secretary shall submit to the 
Congress a written report that contains the final 
evaluation of the Secretary. 
‘‘(i) REGULATIONS.—The Secretary shall prescribe 
such regulations as may be necessary to carry out this 
section, including regulations, developed in consultation 
with the States, governing how to obtain the baseline data 
described in subsection (b)(3). 
‘‘(j) APPROPRIATION.—Out of any money in the 
Treasury of the United States not otherwise appropriated, 
there are appropriated to the Secretary not more than 
$100,000,000 for each of fiscal years 2004 through 2008 
to carry out this section. 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) ALASKA
NATIVE
ORGANIZATION.—The 
term ‘Alaska Native Organization’ means any orga-
nized group of Alaska Natives eligible to operate a 
Federal program under the Indian Self-Determina-
tion Act (25 U.S.C. 450f et seq.) or the designee of 
such a group. 
‘‘(2) CHILD
WELFARE
AGENCY.—The term 
‘child welfare agency’ means the State agency re-
sponsible for administering subpart 1, and any pub-
lic or private agency under contract with the State 
agency to provide child welfare services. 
‘‘(3) INDIAN TRIBE.—The term ‘Indian tribe’ 
means any Indian tribe, band, Nation or other orga-
nized group or community of Indians, including any 
Alaska Native Organization, that is recognized as el-
igible for the special programs and services provided 
by the United States to Indians because of their sta-
tus as Indians. 
‘‘(4) INSTITUTION OF HIGHER EDUCATION.—
The term ‘institution of higher education’ has the 
meaning given the term in section 101 of the Higher 
Education Act of 1965. 
‘‘(5) STATE.—The term ‘State’ means each of 
the 50 States, the District of Columbia, Puerto Rico, 
Guam, the United States Virgin Islands, American 
Samoa, and the Northern Mariana Islands.’’. 
SEC. 202. INCREASE IN PAYMENT RATE FOR STATES FOR 
EXPENDITURES FOR SHORT TERM TRAINING 
OF STAFF OF CERTAIN CHILD WELFARE 
AGENCIES AND COURT PERSONNEL. 
Section 474(a)(3)(B) of the Social Security Act (42 
U.S.C. 674(a)(3)(B)) is amended to read as follows:
‘‘(B) 75 percent of so much of such ex-
penditures (including travel and per diem ex-
penses) as are for the short-term training of—
‘‘(i) current or prospective foster or 
adoptive parents and the members of the 
staff of State-licensed or State-approved 
child care institutions providing care, or of 
State-licensed or State-approved child wel-
fare agencies providing services, to foster 
and adopted children receiving assistance 
under this part, 
‘‘(ii) members of the staff of abuse 
and neglect courts, agency attorneys, attor-
neys representing children, parents, or 
guardians ad litem, or other court-ap-
pointed special advocates representing chil-
dren in proceedings of such courts, and 
‘‘(iii) persons employed by State, 
local, or private nonprofit child-serving 
agencies that are working with the State 
or local agency administering the State 
plan under this part to keep children safe 
and provide permanent families for chil-
dren,
in ways that increase the ability of such current 
or prospective parents, guardians, staff mem-
bers, institutions, attorneys, advocates, and per-
sons to provide support and assistance to foster 
and adopted children, whether incurred directly 
by the State or by contract,’’. 
TITLE III—COMBATTING THE 
EFFECTS OF SUBSTANCE ABUSE 
SEC. 301. CHILD PROTECTION/ALCOHOL AND DRUG PART-
NERSHIPS FOR CHILDREN. 
Part B of title IV of the Social Security Act (42 
U.S.C. 620–629i) is further amended by adding at the end 
the following: 
‘‘Subpart 5—Child Protection/Alcohol and Drug 
Partnerships For Children 
‘‘SEC. 441. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) ALASKA
NATIVE
ORGANIZATION.—The 
term ‘Alaska Native Organization’ means any orga-
nized group of Alaska Natives eligible to operate a 
Federal program under the Indian Self-Determina-
tion Act (25 U.S.C. 450f et seq.) or the designee of 
such a group. 
‘‘(2) ADMINISTRATIVE COSTS.—
‘‘(A) IN GENERAL.—The term ‘administra-
tive costs’ means the costs for the general ad-
ministration of administrative activities, includ-
ing contract costs and all overhead costs. 
‘‘(B) EXCLUSION.—Such term does not in-
clude the direct costs of providing services and 
costs related to case management, training, 
technical assistance, evaluation, establishment, 
and operation of information systems, and such 
other similar costs that are also an integral 
part of service delivery. 
‘‘(3) ELIGIBLE
STATE.—The term ‘eligible 
State’ means a State that submits a joint applica-
tion from the State agencies that—
‘‘(A) includes a plan that meets the re-
quirements of section 443; and 
‘‘(B) is approved by the Secretary for a 5-
year period after consultation with the Assist-
ant Secretary for the Administration for Chil-
dren and Families and the Administrator of the 
Substance Abuse and Mental Health Services 
Administration.
‘‘(4) INDIAN TRIBE.—The term ‘Indian tribe’ 
means any Indian tribe, band, Nation or other orga-
nized group or community of Indians, including any
Alaska Native Organization, that is recognized as el-
igible for the special programs and services provided 
by the United States to Indians because of their sta-
tus as Indians. 
‘‘(5) STATE.—
‘‘(A) IN
GENERAL.—The term ‘State’ 
means each of the 50 States, the District of Co-
lumbia, and the territories described in sub-
paragraph (B). 
‘‘(B) TERRITORIES.—
‘‘(i) IN GENERAL.—The territories de-
scribed in this subparagraph are Puerto 
Rico, Guam, the United States Virgin Is-
lands, American Samoa, and the Northern 
Mariana Islands. 
‘‘(ii) AUTHORITY
TO
MODIFY
RE-
QUIREMENTS.—The Secretary may modify 
the requirements of this subpart with re-
spect to a territory described in clause (i) 
to the extent necessary to allow the terri-
tory to conduct activities through funds 
provided under a grant made under this 
subpart. 
‘‘(6) STATE AGENCIES.—The term ‘State agen-
cies’ means the State child welfare agency and the
unit of State government responsible for the admin-
istration of the substance abuse prevention and 
treatment block grant provided under subpart II of 
part B of title XIX of the Public Health Service Act 
(42 U.S.C. 300x–21 et seq.). 
‘‘(7) TRIBAL ORGANIZATION.—The term ‘tribal 
organization’ means the recognized governing body 
of an Indian tribe. 
‘‘SEC. 442. GRANTS TO PROMOTE CHILD PROTECTION/AL-
COHOL AND DRUG PARTNERSHIPS FOR CHIL-
DREN. 
‘‘(a) AUTHORITY TO AWARD GRANTS.—The Sec-
retary shall award grants to eligible States and directly 
to Indian tribes in accordance with the requirements of 
this subpart for the purpose of promoting joint activities 
among Federal, State, and local public child welfare and 
alcohol and drug abuse prevention and treatment agencies 
(and among child welfare and alcohol and drug abuse pre-
vention and treatment agencies that are providing services 
to children in Indian tribes) that focus on families with 
alcohol or drug abuse problems who come to the attention 
of the child welfare system and are designed to—
‘‘(1) increase the capacity of both the child wel-
fare system and the alcohol and drug abuse preven-
tion and treatment system to address comprehen-
sively and in a timely manner the needs of such fam-
ilies to improve child safety, family stability, and 
permanence; and 
‘‘(2) promote recovery from alcohol and drug 
abuse problems. 
‘‘(b) NOTIFICATION.—Not later than 60 days after 
the date a joint application is submitted by the State agen-
cies or an application is submitted by an Indian tribe, the 
Secretary shall notify a State or Indian tribe that the ap-
plication has been approved or disapproved. 
‘‘SEC. 443. PLAN REQUIREMENTS. 
‘‘(a) CONTENTS.—Subject to subsection (c), the plan 
shall contain the following: 
‘‘(1) A detailed description of how the State 
agencies will work jointly to implement a range of 
activities to meet the alcohol and drug abuse preven-
tion and treatment needs of families who come to 
the attention of the child welfare system and to pro-
mote child safety, permanence, and family stability. 
‘‘(2) An assurance that the heads of the State 
agencies shall jointly administer the grant program 
funded under this subpart and a description of how 
they will do so. 
‘‘(3) A description of the nature and extent of 
the problem of alcohol and drug abuse among fami-
lies who come to the attention of the child welfare 
system in the State, and of any plans being imple-
mented to further identify and assess the extent of 
the problem. 
‘‘(4) A description of any joint activities already 
being undertaken by the State agencies in the State 
on behalf of families with alcohol and drug abuse 
problems who come to the attention of the child wel-
fare system (including any existing data on the im-
pact of such joint activities) such as activities relat-
ing to—
‘‘(A) the appropriate screening and assess-
ment of cases; 
‘‘(B) consultation on cases involving alco-
hol and drug abuse; 
‘‘(C) arrangements for addressing con-
fidentiality and sharing of information; 
‘‘(D) cross training of staff; 
‘‘(E) co-location of services; 
‘‘(F) support for comprehensive treatment 
programs for parents and their children; and 
‘‘(G) establishing priority of child welfare 
families for assessment or treatment. 
‘‘(5)(A) A description of the joint activities to 
be funded in whole or in part with the funds pro-
vided under the grant, including the sequencing of 
the activities proposed to be conducted under the 5-
year funding cycle and the goals to be achieved dur-
ing such funding cycle. The activities and goals shall 
be designed to improve the capacity of the State 
agencies to work jointly to improve child safety, fam-
ily stability, and permanence for children whose fam-
ilies come to the attention of the child welfare sys-
tem and to promote their parents’ recovery from al-
cohol and drug abuse. 
‘‘(B) The description shall include a statement 
as to why the State agencies chose the specified ac-
tivities and goals. 
‘‘(6) A description as to whether and how the 
joint activities described in paragraph (5), and other 
related activities funded with Federal funds, will ad-
dress some or all of the following practices and pro-
cedures:
‘‘(A) Practices and procedures designed to 
appropriately—
‘‘(i) identify alcohol and drug treat-
ment needs; 
‘‘(ii) assess such needs;
‘‘(i) increase such individuals’ aware-
ness and understanding of alcohol and 
drug abuse and related child abuse and ne-
glect; 
‘‘(ii) more accurately identify and 
screen alcohol and drug abuse and child 
abuse in families; 
‘‘(iii) improve assessment skills of 
both child abuse and alcohol and drug 
abuse staff, including skills to assess risk 
to children’s safety; 
‘‘(iv) increase staff knowledge of the 
services and resources that are available in 
such individuals’ communities and appro-
priate for such families; and 
‘‘(v) increase awareness of the impor-
tance of permanence for children and the 
timelines for decision making regarding 
permanence in the child welfare system. 
‘‘(7) A description of the jurisdictions in the 
State (including whether such jurisdictions are 
urban, suburban, or rural) where the joint activities 
will be provided, and the plans for expanding such 
activities to other parts of the State during the 5-
year funding cycle.
‘‘(8) A description of the methods to be used in 
measuring progress toward the goals identified 
under paragraph (5), including how the State agen-
cies will jointly measure their performance in accord-
ance with section 446, and how remaining barriers 
to meeting the needs of families with alcohol or drug 
abuse problems who come to the attention of the 
child welfare system will be assessed. 
‘‘(9) An assurance of the coordination, to the 
extent feasible and appropriate, of the activities 
funded under a grant made under this subpart with 
the services or benefits provided under other Federal 
or federally assisted programs that serve families 
with alcohol and drug abuse problems who come to 
the attention of the child welfare system, including 
health, mental health, domestic violence, housing, 
and employment programs, the temporary assistance 
to needy families program funded under part A of 
this title, other child welfare and alcohol and drug 
abuse prevention and treatment programs, and the 
courts. 
‘‘(10) An assurance that not more than 10 per-
cent of expenditures under the plan for any fiscal 
year shall be for administrative costs.
‘‘(11) An assurance that alcohol and drug 
treatment services provided at least in part with 
funds provided under a grant made under this sub-
part shall be licensed, certified, or otherwise ap-
proved by the appropriate State alcohol and drug 
abuse agencies, or in the case of an Indian tribe, by 
a State alcohol and drug abuse agency, the Indian 
Health Service, or other designated licensing agency. 
‘‘(12) An assurance that Federal funds pro-
vided to the State under a grant made under this 
subpart will not be used to supplant Federal or non-
Federal funds for services and activities provided as 
of the date of the submission of the plan that assist 
families with alcohol and drug abuse problems who 
come to the attention of the child welfare system. 
‘‘(13) A description of the input that was ob-
tained in the development of the plan, from case-
workers, community advocates, judges, and other 
agencies that serve families who come to the atten-
tion of the child welfare system.
‘‘(b) AMENDMENTS.—
‘‘(1) IN GENERAL.—An eligible State or Indian 
tribe may amend, in whole or in part, its plan at any 
time through transmittal of a plan amendment.
‘‘(2) 60-DAY
APPROVAL
DEADLINE.—A plan 
amendment is considered approved unless the Sec-
retary notifies an eligible State or Indian tribe in 
writing, within 60 days after receipt of the amend-
ment, that the amendment is disapproved (and the 
reasons for disapproval) or that specified additional 
information is needed. 
‘‘(c) REQUIREMENTS FOR APPLICATIONS BY INDIAN 
TRIBES.—
‘‘(1) IN GENERAL.—In order to be eligible for 
a grant made under this subpart, an Indian tribe 
shall—
‘‘(A) submit a plan to the Secretary that 
describes—
‘‘(i) the activities the tribe will under-
take with both child welfare and alcohol 
and drug agencies that serve the tribe’s 
children to address the needs of families 
who come to the attention of the child wel-
fare agencies and have alcohol and drug 
problems; and 
‘‘(ii) whether and how such activities 
address any of the practice and policy 
areas in subsection (a)(6); and
‘‘(B) subject to paragraph (2) of this sub-
section, meet the other requirements of sub-
section (a) unless, with respect to a specific re-
quirement of subsection (a), the Secretary de-
termines that it would be inappropriate to apply 
the requirement to an Indian tribe, taking into 
account the resources, needs, and other cir-
cumstances of the Indian tribe. 
‘‘(2) ADMINISTRATIVE COSTS; USE OF FEDERAL 
FUNDS.—Paragraphs (10) and (12) of subsection 
(a) shall not apply to a plan submitted by an Indian 
tribe. The indirect cost rate agreement in effect for 
an Indian tribe shall apply with respect to adminis-
trative costs under the tribe’s plan. 
‘‘(3) AUTHORITY
FOR
INTERTRIBAL
CONSOR-
TIUM.—The participating Indian tribes of an inter-
tribal consortium may develop and submit a single 
plan that meets the applicable requirements of sub-
section (a) (as so determined by the Secretary) and 
paragraph (1) of this subsection. 
‘‘SEC. 444. APPROPRIATION; RESERVATION OF FUNDS. 
‘‘(a) APPROPRIATION.—For the purpose of providing 
allotments to eligible States and Indian tribes under this 
subpart and research and training under subsection
(b)(3), there is appropriated out of any money in the 
Treasury not otherwise appropriated—
‘‘(1) for fiscal year 2004, $100,000,000; 
‘‘(2) for fiscal year 2005, $100,000,000; 
‘‘(3) for fiscal year 2006, $150,000,000; 
‘‘(4) for fiscal year 2007, $200,000,000; and 
‘‘(5) for fiscal year 2008, $200,000,000. 
‘‘(b) RESERVATION OF FUNDS.—With respect to a 
fiscal year: 
‘‘(1) TERRITORIES.—The Secretary shall re-
serve 2 percent of the amount appropriated under 
subsection (a) for such fiscal year for payments to 
Puerto Rico, Guam, the United States Virgin Is-
lands, American Samoa, and the Northern Mariana 
Islands. 
‘‘(2) INDIAN TRIBES.—The Secretary shall re-
serve 2 percent of the amount appropriated under 
subsection (a) for such fiscal year for direct pay-
ments to Indian tribes and Indian tribal organiza-
tions for activities intended to increase the capacity 
of the Indian tribes and tribal organizations to ex-
pand treatment, services, and training to assist fam-
ilies with alcohol and drug abuse problems who come 
to the attention of the child welfare agencies.
‘‘(3) RESEARCH
AND
TRAINING.—The Sec-
retary shall reserve 1 percent of the amount appro-
priated under subsection (a) for such fiscal year for 
practice-based research on the effectiveness of var-
ious approaches for the screening, assessment, en-
gagement, treatment, retention, and monitoring of 
families with alcohol and drug abuse problems who 
come to the attention of the child welfare system. 
‘‘SEC. 445. PAYMENTS TO ELIGIBLE STATES AND INDIAN 
TRIBES. 
‘‘(a) AMOUNT OF GRANT.—
‘‘(1) ELIGIBLE
STATES
OTHER
THAN
TERRI-
TORIES.—
‘‘(A) IN GENERAL.—From the amount ap-
propriated under section 444(a) for a fiscal 
year, after the reservation of funds required 
under section 444(b) for the fiscal year and 
subject to subparagraphs (B) and (C) of this 
paragraph, the Secretary shall pay to each eligi-
ble State (after the Secretary has determined 
that the State has satisfied the matching re-
quirement under subsection (b) of this section) 
an amount that bears the same ratio to the 
amount so appropriated for the fiscal year as 
the number of children who have not attained
18 years of age that reside in the eligible State 
bears to the total number of children who have 
not attained 18 years of age who reside in all 
eligible States for the fiscal year. 
‘‘(B) MINIMUM ALLOTMENT.—In no case 
shall the amount of a payment to an eligible 
State for a fiscal year be less than an amount 
equal to 0.5 percent of the amount appropriated 
under section 444(a) for the fiscal year, after 
the reservation of funds required under section 
444(b). 
‘‘(C) PRO RATA REDUCTIONS.—The Sec-
retary shall make pro rata reductions in the 
amounts of the allotments determined under 
subparagraph (A) for a fiscal year to the extent 
necessary to comply with subparagraph (B). 
‘‘(2) TERRITORIES.—From the amounts re-
served under section 444(b)(1) for a fiscal year, the 
Secretary shall pay to each territory described in 
section 441(5)(B) with an approved plan that meets 
the requirements of section 443 (after the Secretary 
has determined that the territory has satisfied the 
matching requirement under subsection (b) of this
section) an amount that bears the same ratio to 
such amount for such fiscal year as the number of
children under the age of 18 that reside in the terri-
tory bears to the total number of children under the 
age of 18 who reside in all such territories for such 
fiscal year. 
‘‘(3) INDIAN
TRIBES
OR
TRIBAL
ORGANIZA-
TIONS.—From the amount reserved under section 
444(b)(2) for a fiscal year, the Secretary shall pay 
to each Indian tribe with an approved plan that 
meets the requirements of section 443(c) (after the 
Secretary has determined that the Indian tribe has 
satisfied the matching requirement under subsection 
(b) of this section) an amount that bears the same 
ratio to such reserved amount for such fiscal year as 
the number of children who have not attained 18 
years of age in the Indian tribe bears to the total 
number of such children in all Indian tribes with 
plans so approved for such fiscal year, as determined 
by the Secretary on the basis of the most current 
and reliable information available to the Secretary. 
For purposes of making the allocations required 
under the preceding sentence, an Indian tribe may 
submit data and other information that the tribe has 
on the number of Indian children who have not at-
tained 18 years of age for consideration by the Sec-
retary.
‘‘(b) MATCHING REQUIREMENT.—
‘‘(1) IN GENERAL.—In order to receive a grant 
under this subpart for a fiscal year, an eligible State 
or Indian tribe shall provide through non-Federal 
contributions the applicable percentage determined 
under paragraph (2) for such fiscal year of the costs 
of conducting activities funded in whole or in part 
with funds provided under the grant. Such contribu-
tions shall be paid jointly by the State agencies, in 
the case of an eligible State, or by an Indian tribe. 
‘‘(2) APPLICABLE PERCENTAGE.—For purposes 
of paragraph (1), the applicable percentage for an 
eligible State or Indian tribe for a fiscal year is—
‘‘(A) 15 percent, in the case of fiscal years 
2004 and 2005; 
‘‘(B) 20 percent, in the case of fiscal years 
2006 and 2007; and 
‘‘(C) 25 percent, in the case of fiscal year 
2008. 
‘‘(3) SOURCE
OF
MATCH.—The non-Federal 
contributions required of an eligible State under this 
subsection may be in cash or in kind, fairly evalu-
ated, including plant, equipment, or services. The 
contributions may be made directly or through dona-
tions from public or private entities. Amounts pro-
vided by the Federal Government, or services as-
sisted or subsidized to any significant extent by the 
Federal Government may not be included in deter-
mining whether an eligible State has provided the 
applicable percentage of such contributions for a fis-
cal year. 
‘‘(c) USE OF FUNDS.—Funds provided under a grant 
made under this subpart may only be used to carry out 
activities specified in the plan, as approved by the Sec-
retary. 
‘‘(d) DEADLINE FOR REQUEST FOR PAYMENT.—An 
eligible State or Indian tribe shall apply to be paid funds 
under a grant made under this subpart not later than the 
beginning of the fourth quarter of a fiscal year or such 
funds shall be reallotted under subsection (f). 
‘‘(e) CARRYOVER OF FUNDS.—Funds paid to an eli-
gible State or Indian tribe under a grant made under this 
subpart for a fiscal year may be expended in that fiscal 
year or the succeeding fiscal year. 
‘‘(f) REALLOTMENT OF FUNDS.—
‘‘(1) ELIGIBLE STATES.—In the case of an eli-
gible State that does not apply for funds allotted to 
the eligible State under a grant made under this 
subpart for a fiscal year within the time provided 
under subsection (d), or that does not expend such
funds during the time provided under subsection (e), 
the funds which the eligible State would have been 
entitled to for such fiscal year shall be reallotted to 
1 or more other eligible States on the basis of each 
such State’s relative need for additional payments, 
as determined by the Secretary, after consultation 
with the Assistant Secretary for the Administration 
for Children and Families and the Administrator of 
the Substance Abuse and Mental Health Services 
Administration. 
‘‘(2) INDIAN TRIBES.—In the case of an Indian 
tribe that does not expend funds allotted to the tribe 
during the time provided under subsection (e), the 
funds to which the Indian tribe would have been en-
titled to for such fiscal year shall be reallotted to the 
remaining Indian tribes that are implementing ap-
proved plans in amounts that are proportional to the 
percentage of Indian children in each such tribe who 
have not attained 18 years of age. 
‘‘SEC. 446. PERFORMANCE ACCOUNTABILITY; REPORTS 
AND EVALUATIONS. 
‘‘(a) PERFORMANCE
MEASUREMENT.—The Sec-
retary, in consultation with the Assistant Secretary for the 
Administration for Children and Families, the Adminis-
trator of the Substance Abuse and Mental Health Services
Administration, Chief Executive Officers of a State or 
Territory, State legislators, State and local public officials 
responsible for administering child welfare and alcohol and 
drug abuse prevention and treatment programs, court 
staff, consumers of the services, and advocates for children 
and parents who come to the attention of the child welfare 
system, shall, within 12 months after the date of the en-
actment of this subpart, establish indicators that will be 
used to assess periodically the performance of eligible 
States and Indian tribes in using grant funds provided 
under this subpart to promote child safety, permanence, 
and well-being and recovery in families who come to the 
attention of the child welfare system. 
‘‘(b) SECRETARIAL REPORTS AND EVALUATIONS.—
‘‘(1) ANNUAL REPORTS.—On the basis of re-
ports submitted under subsection (a), the Secretary, 
in consultation with the Assistant Secretary for the 
Administration for Children and Families and the 
Administrator of the Substance Abuse and Mental 
Health Services Administration, shall report annu-
ally, beginning on October 1, 2005, to the Com-
mittee on Ways and Means of the House of Rep-
resentatives and the Committee on Finance of the
Senate on the joint activities conducted with funds 
provided under grants made under this subpart, the
indicators that have been established, and the 
progress that has been made in addressing the needs 
of families with alcohol and drug abuse problems 
who come to the attention of the child welfare sys-
tem and in achieving the goals of child safety, per-
manence, and family stability. 
‘‘(2) EVALUATIONS.—Not later than 6 months 
after the end of each 5-year funding cycle under this 
subpart, the Secretary shall submit a report to the 
committees described in paragraph (1) of this sub-
section that summarizes the results of the evalua-
tions conducted by eligible States and Indian tribes 
under subsection (a)(5)(B), as reported by such 
States and Indian tribes in accordance with subpara-
graphs (C) and (D) of subsection (a)(5). The Sec-
retary shall include in the report required under this 
paragraph recommendations for further legislative or 
administrative actions that are designed to assist 
children and families with alcohol and drug abuse 
problems who come to the attention of the child wel-
fare system.’’.
TITLE 
IV—INCREASING 
STATE 
FLEXIBILITY TO SERVE FAMI-
LIES 
SEC. 401. STATE OPTION TO ALIGN ELIGIBILITY FOR FOS-
TER CARE MAINTENANCE PAYMENTS AND 
ADOPTION ASSISTANCE WITH TANF ELIGI-
BILITY. 
(a) FOSTER CARE MAINTENANCE PAYMENTS.—Sec-
tion 472 of the Social Security Act (42 U.S.C. 672) is 
amended—
(1) in subsection (a)(4)(A), by inserting ‘‘, or at 
State option, assistance under the State program 
funded under part A (as in effect on December 31, 
2002),’’ after ‘‘1996)’’; and 
(2) by adding at the end the following: 
‘‘(i) A child shall be treated as meeting the require-
ment of section 472(a)(4)(A) only if the child meets the 
income and resource standards and methodologies for de-
termining eligibility for cash assistance in effect under the 
relevant State plan or program referred to in such section 
or, at State option, the standards and methodologies in 
effect as of the date of determining the eligibility.’’. 
(b) ADOPTION ASSISTANCE.—Section 473 of such 
Act (42 U.S.C. 673) is amended—
(1) in subsection (a)(2)(B)(i), by inserting ‘‘, or 
at State option, assistance under the State program 
funded under part A (as in effect on December 31, 
2002),’’ after ‘‘1996)’’; and 
(2) by adding at the end the following: 
‘‘(7) A child shall be treated as meeting the require-
ment of section 473(a)(2)(B)(i) only if the child meets the 
income and resource standards and methodologies for de-
termining eligibility for cash assistance in effect under the 
relevant State plan or program referred to in such section 
or, at State option, the standards and methodologies in 
effect as of the date of determining the eligibility.’’. 
(c) EFFECTIVE DATE; APPLICABILITY.—The amend-
ments made by this section shall take effect on the date 
of the enactment of this Act, and shall apply to applica-
tions for benefits under State plans approved under part 
E of title IV of the Social Security Act that are submitted 
on or after such date. 
SEC. 402. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS 
FOR CHILDREN. 
(a) IN GENERAL.—Part E of title IV of the Social 
Security Act (42 U.S.C. 670–679b) is amended by insert-
ing after section 472 the following:
‘‘SEC. 472A. KINSHIP GUARDIANSHIP ASSISTANCE PAY-
MENTS FOR CHILDREN. 
‘‘(a) IN GENERAL.—Each State with a plan approved 
under this part may, at State option, enter into kinship 
guardianship assistance agreements to provide kinship 
guardianship assistance payments on behalf of children to 
grandparents and other relatives who have assumed legal 
guardianship (as defined in section 475(7)) of the children 
for whom they have cared as foster parents and for whom 
they have committed to care for on a permanent basis. 
‘‘(b) KINSHIP GUARDIANSHIP ASSISTANCE AGREE-
MENT.—
‘‘(1) IN
GENERAL.—In order to receive pay-
ments under sectino 474(a)(5), a State shall—
‘‘(A) negotiate and enter into a written, 
binding kinship guardianship assistance agree-
ment with the prospective relative guardian of 
a child who meets the requirements of this sub-
section; and 
‘‘(B) 
provide 
the 
prospective 
relative 
guardian with a copy of the agreement. 
‘‘(2) MINIMUM
REQUIREMENTS.—The agree-
ment shall specify, at a minimum—
‘‘(A) the amount of, and manner in which, 
each kinship guardianship assistance payment 
will be provided under the agreement;
‘‘(B) the additional services and assistance 
that the child and relative guardian will be eli-
gible for under the agreement; 
‘‘(C) the procedure by which the relative 
guardian may apply for additional services as 
needed, provided the agency and relative guard-
ian agree on the additional services as specified 
in the case plan; and 
‘‘(D) subject to paragraph (4), that the 
State will pay the total cost of nonrecurring ex-
penses associated with obtaining legal guardian-
ship of the child. 
‘‘(3) INTERSTATE
APPLICATION.—The agree-
ment shall provide—
‘‘(A) that the agreement shall remain in 
effect without regard to the State residency of 
the kinship guardian; and 
‘‘(B) for the protection of the interests of 
the child in any case where the kinship guard-
ian and the child move to another State while 
the agreement is in effect. 
‘‘(4) NO
EFFECT
ON
FEDERAL
REIMBURSE-
MENT.—Nothing in paragraph (2)(D) shall be con-
strued as affecting the ability of the State to obtain
reimbursement from the Federal Government for 
costs described in that paragraph. 
‘‘(c) KINSHIP
GUARDIANSHIP
ASSISTANCE
PAY-
MENT.—
‘‘(1) IN GENERAL.—The kinship guardianship 
assistance payment shall be based on consideration 
of the needs of the relative guardian and of the child 
and shall be at least equal to the amount of the fos-
ter care maintenance payment for which the child 
would have been eligible if the child had remained in 
foster care. The payment may be readjusted periodi-
cally based on relevant changes in such needs. 
‘‘(2) LIMITATION.—
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), no kinship guardianship as-
sistance payment may be made to a relative 
guardian for any child who has attained 18 
years of age. 
‘‘(B) EXCEPTIONS.—A kinship guardian-
ship assistance payment may be made to a rel-
ative guardian with respect to a child who—
‘‘(i) is a full-time student in a sec-
ondary school or in the equivalent level of 
a vocational or technical training program 
and has not attained 19 years of age; or
‘‘(ii) with respect to a child who the 
State determines has a mental or physical 
disability that warrants the continuation of 
assistance until the child attains 21 years 
of age. 
‘‘(d) CHILD’S ELIGIBILITY FOR A KINSHIP GUARD-
IANSHIP ASSISTANCE PAYMENT.—
‘‘(1) IN GENERAL.—A child is eligible for a kin-
ship guardianship assistance payment under this 
section if the State agency determines the following: 
‘‘(A) The child has been—
‘‘(i) removed from his or her home 
pursuant to a voluntary placement agree-
ment or as a result of a judicial determina-
tion to the effect that continuation in the 
home would be contrary to the welfare of 
the child; 
‘‘(ii) under the care of the State agen-
cy for the 12-month period ending on the 
date of the agency determination; and 
‘‘(iii) eligible for foster care mainte-
nance payments under section 472. 
‘‘(B) Being returned home or adopted are 
not appropriate permanency options for the 
child.
‘‘(C) The child demonstrates a strong at-
tachment to the prospective relative guardian 
and the relative guardian has a strong commit-
ment to caring permanently for the child. 
‘‘(D) With respect to a child who has at-
tained 14 years of age, the child has been con-
sulted regarding the kinship guardianship ar-
rangement. 
‘‘(2) TREATMENT OF SIBLINGS.—With respect 
to a child described in paragraph (1) whose sibling 
or siblings are not so described—
‘‘(A) the child and any sibling of the child 
may be placed in the same kinship guardianship 
arrangement if the State agency and the rel-
ative agree on the appropriateness of the ar-
rangement for the siblings; and 
‘‘(B) kinship guardianship assistance pay-
ments may be paid for the child and each sib-
ling so placed.’’. 
(b) CONFORMING AMENDMENTS.—
(1) 
STATE
PLAN
REQUIREMENT.—Section 
471(a)(20) of such Act (42 U.S.C. 671(a)(20)) is 
amended by striking ‘‘before the foster or adoptive 
parent may be finally approved for placement of a 
child on whose behalf foster care maintenance pay-
ments or adoption assistance payments’’ and insert-
ing ‘‘or relative guardian before the foster or adop-
tive parent or relative guardian may be finally ap-
proved for placement of a child on whose behalf fos-
ter care maintenance payments, adoption assistance 
payments, or kinship guardianship assistance pay-
ments’’. 
(2) 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 and insert-
ing ‘‘; plus’’; and 
(2) by adding at the end the following: 
‘‘(5) an amount equal to the Federal medical 
assistance percentage (as defined in section 1905(b) 
of the total amount expended during such quarter as 
kinship guardianship assistance payments under sec-
tion 472A pursuant to kinship guardianship assist-
ance agreements.’’. 
(3) DEFINITIONS.—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 472A, 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 why a permanent 
placement with a fit and willing relative 
through a kinship guardianship assistance 
arrangement is in the child’s best interests; 
‘‘(iii) the ways in which the child 
meets the eligibility requirements for a kin-
ship guardianship assistance payment; 
‘‘(iv) 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 
‘‘(v) the efforts made by the State 
agency to secure the consent of the child’s 
parent or parents to the kinship guardian-
ship assistance arrangement, or the rea-
sons why the efforts were not made.’’.
SEC. 403. MODIFICATIONS RELATING TO CHILD WELFARE 
DEMONSTRATION PROJECTS. 
(a) CONSIDERATION OF DEMONSTRATION PROJECTS 
PROMOTING CHILD PROTECTION ARRANGEMENTS.—Sec-
tion 1130(a)(3) of the Social Security Act (42 U.S.C. 
1320a-9(a)(3)) is amended by adding at the end the fol-
lowing: 
‘‘(D) If an appropriate application therefor 
is submitted, the Secretary shall consider au-
thorizing a demonstration project which is de-
signed to promote community partnerships for 
protecting children, including collaborative ar-
rangements between child welfare agencies and 
other public agencies or private organizations 
which address child abuse, mental health, early 
and periodic screening, diagnostic, and treat-
ment services, domestic violence, housing, edu-
cation, or early childhood activities.’’. 
(b) EXTENSION OF AUTHORITY TO APPROVE DEM-
ONSTRATION PROJECTS.—Section 1130(a)(2) of such Act 
(42 U.S.C. 1320a-9(a)(2)) is amended by striking ‘‘2002’’ 
and inserting ‘‘2008’’. 
(c) ELIMINATION OF LIMITATION ON NUMBER OF 
WAIVERS.—Section 1130(a)(2) of such Act (42 U.S.C. 
1320a-9(a)(2)) is amended by striking ‘‘not more than 
10’’.
(d) ELIMINATION OF LIMITATION ON NUMBER OF 
STATES THAT MAY BE GRANTED WAIVERS TO CONDUCT 
DEMONSTRATION PROJECTS ON SAME TOPIC.—Section 
1130 of such Act (42 U.S.C. 1320a-9) is amended by add-
ing at the end the following: 
‘‘(h) NO LIMIT ON NUMBER OF STATES THAT MAY 
BE GRANTED WAIVERS TO CONDUCT SAME OR SIMILAR 
DEMONSTRATION PROJECTS.—The Secretary shall not 
refuse to grant a waiver to a State under this section on 
the grounds that a purpose of the waiver or of the dem-
onstration project for which the waiver is necessary would 
be the same as or similar to a purpose of another waiver 
or project that is or may be conducted under this sec-
tion.’’. 
(e) ELIMINATION OF LIMITATION ON NUMBER OF 
WAIVERS THAT MAY BE GRANTED TO A SINGLE STATE 
FOR DEMONSTRATION PROJECTS.—Section 1130 of such 
Act (42 U.S.C. 1320a-9) is further amended by adding 
at the end the following: 
‘‘(i) NO LIMIT ON NUMBER OF WAIVERS GRANTED 
TO, OR DEMONSTRATION PROJECTS THAT MAY BE CON-
DUCTED BY, A SINGLE STATE.—The Secretary shall not 
impose any limit on the number of waivers that may be 
granted to a State, or the number of demonstration
projects that a State may be authorized to conduct, under 
this section.’’. 
(f) STREAMLINED PROCESS FOR CONSIDERATION OF 
AMENDMENTS TO AND EXTENSIONS OF DEMONSTRATION 
PROJECTS REQUIRING WAIVERS.—Section 1130 of such 
Act (42 U.S.C. 1320a-9) is further amended by adding 
at the end the following: 
‘‘(j) STREAMLINED PROCESS FOR CONSIDERATION 
OF AMENDMENTS
AND EXTENSIONS.—The Secretary 
shall develop a streamlined process for consideration of 
amendments and extensions proposed by States to dem-
onstration projects conducted under this section.’’. 
(g) AVAILABILITY OF REPORTS.—Section 1130 of 
such Act (42 U.S.C. 1320a-9) is further amended by add-
ing at the end the following: 
‘‘(k) AVAILABILITY
OF REPORTS.—The Secretary 
shall make available to any State or other interested party 
any report provided to the Secretary under subsection 
(f)(2), and any evaluation or report made by the Secretary 
with respect to a demonstration project conducted under 
this section, with a focus on information that may promote 
best practices and program improvements.’’. 
(h) TECHNICAL CORRECTION.—Section 1130(b)(1) 
of such Act (42 U.S.C. 1320a-9(b)(1)) is amended by 
striking ‘‘422(b)(9)’’ and inserting ‘‘422(b)(10)’’.
TITLE V—ENSURING ADEQUATE 
FUNDING FOR PREVENTION 
AND ADOPTION ACTIVITIES 
SEC. 501. ENSURING ADEQUATE FUNDING FOR PREVEN-
TION AND ADOPTION ACTIVITIES. 
(a) IN GENERAL.—Subpart 2 of part B of title IV 
of the Social Security Act (42 U.S.C. 629–629i) is amend-
ed by striking sections 436 and 437 and inserting the fol-
lowing: 
‘‘SEC. 436. APPROPRIATION; RESERVATION OF CERTAIN 
AMOUNTS. 
‘‘(a) APPROPRIATION.—Out of any money in the 
Treasury of the United States not otherwise appropriated, 
there are appropriated to carry out this subpart 
$505,000,000 for each of fiscal years 2004 through 2008. 
‘‘(b) RESERVATION OF CERTAIN AMOUNTS.—From 
the amount specified in subsection (a) for any fiscal year, 
the Secretary shall reserve amounts as follows: 
‘‘(1) EVALUATION, RESEARCH, TRAINING, AND 
TECHNICAL
ASSISTANCE.—The Secretary shall re-
serve $12,600,000 for expenditure by the Sec-
retary—
‘‘(A) for research, training, and technical 
assistance costs related to the program under 
this subpart; and
‘‘(B) for evaluation of State programs 
based on the plans approved under section 432 
and funded under this subpart, and any other 
Federal, State, or local program, regardless of 
whether federally assisted, that is designed to 
achieve the same purposes as the State pro-
grams. 
‘‘(2) STATE COURT IMPROVEMENTS.—The Sec-
retary shall reserve $16,600,000 for grants under 
section 437. 
‘‘(3) INDIAN TRIBES.—The Secretary shall re-
serve 2 percent for allotment to Indian tribes in ac-
cordance with section 433(a).’’. 
(b) CONFORMING AMENDMENTS.—Such subpart is 
amended by redesignating sections 438 and 439 as sec-
tions 437 and 438, respectively. 
TITLE VI—EFFECTIVE DATE 
SEC. 601. EFFECTIVE DATE. 
Except as provided in section 401(c), this Act shall 
take effect on October 1, 2003.
Æ