H. R. 4—178
to the State in which the home of the parents of
the child is located;
‘‘(B) the status of each child is reviewed periodically
but no less frequently than once every six months by either
a court or by administrative review (as defined in para-
graph (1)) in order to determine the continuing necessity
for and appropriateness of the placement, the extent of
compliance with the case plan, and the extent of progress
which has been made toward alleviating or mitigating the
causes necessitating placement in foster care, and to project
a likely date by which the child may be returned to the
home or placed for adoption or legal guardianship;
‘‘(C) with respect to each such child, procedural safe-
guards will be applied, among other things, to assure each
child in foster care under the supervision of the State
of a dispositional hearing to be held, in a family or juvenile
court or another court (including a tribal court) of com-
petent jurisdiction, or by an administrative body appointed
or approved by the court, no later than 18 months after
the original placement (and not less frequently than every
12 months thereafter during the continuation of foster
care), which hearing shall determine the future status of
the child (including whether the child should be returned
to the parent, should be continued in foster care for a
specified period, should be placed for adoption, or should
(because of the child’s special needs or circumstances) be
continued in foster care on a permanent or long-term basis)
and, in the case of a child described in subparagraph (A)(ii),
whether the out-of-State placement continues to be appro-
priate and in the best interests of the child, and, in the
case of a child who has attained age 16, the services needed
to assist the child to make the transition from foster care
to independent living; and procedural safeguards shall also
be applied with respect to parental rights pertaining to
the removal of the child from the home of his parents,
to a change in the child’s placement, and to any determina-
tion affecting visitation privileges of parents; and
‘‘(D) a child’s health and education record (as described
in paragraph (3)(C)) is reviewed and updated, and supplied
to the foster parent or foster care provider with whom
the child is placed, at the time of each placement of the
child in foster care.
‘‘(5) CHILD-CARE INSTITUTION.—The term ‘child-care institu-
tion’ means a private child-care institution, or a public child-
care institution which accommodates no more than 25 children,
which is licensed by the State in which it is situated or has
been approved, by the agency of such State responsible for
licensing or approval of institutions of this type, as meeting
the standards established for such licensing, but the term shall
not include detention facilities, forestry camps, training schools,
or any other facility operated primarily for the detention of
children who are determined to be delinquent.
‘‘(6) FOSTER CARE MAINTENANCE PAYMENTS.—
‘‘(A) IN GENERAL.—The term ‘foster care maintenance
payments’ means payments to cover the cost of (and the
cost of providing) food, clothing, shelter, daily supervision,
school supplies, a child’s personal incidentals, liability
H. R. 4—179
insurance with respect to a child, and reasonable travel
to the child’s home for visitation. In the case of institutional
care, such term shall include the reasonable costs of
administration and operation of such institution as are
necessarily required to provide the items described in the
preceding sentence.
‘‘(B) SPECIAL RULE.—In cases where—
‘‘(i) a child placed in a foster family home or child-
care institution is the parent of a son or daughter
who is in the same home or institution; and
‘‘(ii) payments described in subparagraph (A) are
being made under this part with respect to such child,
the foster care maintenance payments made with respect
to such child as otherwise determined under subparagraph
(A) shall also include such amounts as may be necessary
to cover the cost of the items described in that subpara-
graph with respect to such son or daughter.
‘‘(7) FOSTER FAMILY HOME.—The term ‘foster family home’
means a foster family home for children which is licensed
by the State in which it is situated or has been approved,
by the agency of such State having responsibility for licensing
homes of this type, as meeting the standards established for
such licensing.
‘‘(8) STATE.—The term ‘State’ means the 50 States and
the District of Columbia.
‘‘(9) VOLUNTARY PLACEMENT.—The term ‘voluntary place-
ment’ means an out-of-home placement of a minor, by or with
participation of the State, after the parents or guardians of
the minor have requested the assistance of the State and signed
a voluntary placement agreement.
‘‘(10) VOLUNTARY PLACEMENT AGREEMENT.—The term ‘vol-
untary placement agreement’ means a written agreement, bind-
ing on the parties to the agreement, between the State, any
other agency acting on its behalf, and the parents or guardians
of a minor child which specifies, at a minimum, the legal
status of the child and the rights and obligations of the parents
or guardians, the child, and the agency while the child is
in placement.’’.
SEC. 702. CONFORMING AMENDMENTS.
(a) SECRETARIAL SUBMISSION OF LEGISLATIVE PROPOSAL FOR
TECHNICAL
AND CONFORMING AMENDMENTS.—Not later than 90
days after the date of the enactment of this subtitle, the Secretary
of Health and Human Services, in consultation, as appropriate,
with the heads of other Federal agencies, shall submit to the
appropriate committees of Congress a legislative proposal providing
for such technical and conforming amendments in the law as are
required by the provisions of this subtitle.
(b) AMENDMENTS TO PART D OF TITLE IV OF THE SOCIAL SECU-
RITY ACT.—
(1) Section 452(a)(10)(C) of the Social Security Act (42
U.S.C. 652(a)(10)(C)), as amended by section 108(b)(2) of this
Act, is amended—
(A) by striking ‘‘under part E’’ and inserting ‘‘under
section 423(b)(1)(A)’’; and
(B) by striking ‘‘or under section 471(a)(17)’’.
H. R. 4—180
(2) Section 452(g)(2)(A) of such Act (42 U.S.C. 652(g)(2)(A)),
as amended by paragraphs (6) and (7) of section 108(b), is
amended—
(A) by inserting ‘‘or benefits or services were being
provided under the State child protection program funded
under part B’’ after ‘‘part A’’ each place it appears; and
(B) in the matter following subparagraph (B), by strik-
ing ‘‘agency administering the plan under part E’’ and
inserting ‘‘under the child protection program funded under
part B’’.
(3) Section 466(a)(3)(B) of such Act (42 U.S.C. 666(a)(3)(B)),
as amended by section 108(b)(14), is amended by striking ‘‘or
471(a)(17)’’.
(c) AMENDMENT TO TITLE XVI OF THE SOCIAL SECURITY ACT
AS IN EFFECT WITH RESPECT TO THE STATES.—Section 1611(c)(5)(B)
of such Act (42 U.S.C. 1382(c)(5)(B)) is amended to read as follows:
‘‘(B) section 423(b)(1)(A) of this Act (relating to foster care mainte-
nance payments),’’.
(d) REPEAL OF PART E OF TITLE IV OF THE SOCIAL SECURITY
ACT.—Part E of title IV of the Social Security Act (42 U.S.C.
671–679) is hereby repealed.
(e) AMENDMENT TO SECTION 9442 OF THE OMNIBUS BUDGET
RECONCILIATION ACT OF 1986.—Section 9442(4) of the Omnibus
Budget Reconciliation Act of 1986 (42 U.S.C. 679a(4)) is amended
by inserting ‘‘(as in effect before October 1, 1995)’’ after ‘‘Act’’.
(f) REDESIGNATION AND AMENDMENTS OF SECTION 1123.—
(1) REDESIGNATION.—The Social Security Act is amended
by redesignating section 1123, the second place it appears (42
U.S.C. 1320a–1a), as section 1123A.
(2) AMENDMENTS.—Section 1123A of such Act, as so
redesignated, is amended—
(A) in subsection (a)—
(i) by striking ‘‘The Secretary’’ and inserting ‘‘Not-
withstanding section 423(h), the Secretary’’;
(ii) in the matter preceding paragraph (1), and
in paragraph (1), by striking ‘‘parts B and E’’ and
inserting ‘‘part B’’; and
(iii) in paragraph (2), by inserting ‘‘under this sec-
tion’’ after ‘‘promulgated’’;
(B) in subsection (b)—
(i) in paragraph (3), by striking ‘‘matching’’; and
(ii) in paragraph (4)(C), by striking ‘‘matching’’;
and
(C) in subsection (c)(1)(B), by striking ‘‘matching’’.
SEC. 703. EFFECTIVE DATE; TRANSITION RULES.
(a) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in paragraph (2), this
subtitle and the amendments made by this subtitle shall take
effect on October 1, 1996.
(2) EXCEPTION.—Section 428 of part B of title IV of the
Social Security Act, as added by section 701, and section 702(a)
shall take effect on the date of the enactment of this subtitle.
(3) TEMPORARY REDESIGNATION OF SECTION 428.—During
the period beginning on the date of the enactment of this
subtitle and ending on October 1, 1996, section 428 of part
H. R. 4—181
B of title IV of the Social Security Act, as added by section
701, shall be redesignated as section 428A.
(b) TRANSITION RULES.—
(1) CLAIMS, ACTIONS, AND PROCEEDINGS.—The amendments
made by this subtitle shall not apply with respect to—
(A) powers, duties, functions, rights, claims, penalties,
or obligations applicable to aid, assistance, or services pro-
vided before the effective date of this subtitle under the
provisions amended; and
(B) administrative actions and proceedings commenced
before such date, or authorized before such date to be
commenced, under such provisions.
(2) CLOSING OUT ACCOUNT FOR THOSE PROGRAMS TERMI-
NATED
OR
SUBSTANTIALLY
MODIFIED
BY
THIS
SUBTITLE.—In
closing out accounts, Federal and State officials may use sci-
entifically acceptable statistical sampling techniques. Claims
made under programs which are repealed or substantially
amended in this subtitle and which involve State expenditures
in cases where assistance or services were provided during
a prior fiscal year, shall be treated as expenditures during
fiscal year 1995 for purposes of reimbursement even if payment
was made by a State on or after October 1, 1995. States
shall complete the filing of all claims no later than September
30, 1997. Federal department heads shall—
(A) use the single audit procedure to review and resolve
any claims in connection with the close out of programs;
and
(B) reimburse States for any payments made for assist-
ance or services provided during a prior fiscal year from
funds for fiscal year 1995, rather than the funds authorized
by this subtitle.
SEC. 704. SENSE OF THE CONGRESS REGARDING TIMELY ADOPTION
OF CHILDREN.
It is the sense of the Congress that—
(1) too many children who wish to be adopted are spending
inordinate amounts of time in foster care;
(2) there is an urgent need for States to increase the
number of waiting children being adopted in a timely and
lawful manner;
(3) studies have shown that States spend an excess of
$15,000 each year on each special needs child in foster care,
and would save significant amounts of money if they offered
incentives to families to adopt special needs children;
(4) States should allocate sufficient funds under this title
for adoption assistance and medical assistance to encourage
more families to adopt children who otherwise would languish
in the foster care system for a period that many experts consider
detrimental to their development;
(5) States should offer incentives for families that adopt
special needs children to make adoption more affordable for
middle-class families;
(6) when it is necessary for a State to remove a child
from the home of the child’s biological parents, the State should
strive—
(A) to provide the child with a single foster care place-
ment and a single coordinated case team; and
H. R. 4—182
(B) to conclude an adoption of the child, when adoption
is the goal of the child and the State, within one year
of the child’s placement in foster care; and
(7) States should participate in local, regional, or national
programs to enable maximum visibility of waiting children
to potential parents. Such programs should include a nation-
wide, interactive computer network to disseminate information
on children eligible for adoption to help match them with fami-
lies around the country.
Subtitle B—Child and Family Services
Block Grant
SEC. 751. CHILD AND FAMILY SERVICES BLOCK GRANT.
The Child Abuse Prevention and Treatment Act (42 U.S.C.
5101 et seq.) is amended to read as follows:
‘‘SECTION. 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Child and Family Services
Block Grant Act of 1995’.
‘‘SEC. 2. FINDINGS.
‘‘The Congress finds the following:
‘‘(1) Each year, close to 1,000,000 American children are
victims of abuse and neglect.
‘‘(2) Many of these children and their families fail to receive
adequate protection or treatment.
‘‘(3) The problem of child abuse and neglect requires a
comprehensive approach that—
‘‘(A) integrates the work of social service, legal, health,
mental health, education, and substance abuse agencies
and organizations;
‘‘(B) strengthens coordination among all levels of
government, and with private agencies, civic, religious, and
professional organizations, and individual volunteers;
‘‘(C) emphasizes the need for abuse and neglect preven-
tion, assessment, investigation, and treatment at the
neighborhood level;
‘‘(D) ensures properly trained and support staff with
specialized knowledge, to carry out their child protection
duties; and
‘‘(E) is sensitive to ethnic and cultural diversity.
‘‘(4) The child protection system should be comprehensive,
child-centered, family-focused, and community-based, should
incorporate all appropriate measures to prevent the occurrence
or recurrence of child abuse and neglect, and should promote
physical and psychological recovery and social re-integration
in an environment that fosters the health, safety, self-respect,
and dignity of the child.
‘‘(5) The Federal government should provide leadership
and assist communities in their child and family protection
efforts by—
‘‘(A) generating and sharing knowledge relevant to
child and family protection, including the development of
models for service delivery;
H. R. 4—183
‘‘(B) strengthening the capacity of States to assist
communities;
‘‘(C) helping communities to carry out their child and
family protection plans by promoting the competence of
professional, paraprofessional, and volunteer resources; and
‘‘(D) providing leadership to end the abuse and neglect
of the nation’s children and youth.
‘‘SEC. 3. PURPOSES.
‘‘The purposes of this Act are the following:
‘‘(1) To assist each State in improving the child protective
service systems of such State by—
‘‘(A) improving risk and safety assessment tools and
protocols;
‘‘(B) developing, strengthening, and facilitating training
opportunities for individuals who are mandated to report
child abuse or neglect or otherwise overseeing, investigat-
ing, prosecuting, or providing services to children and fami-
lies who are at risk of abusing or neglecting their children;
and
‘‘(C) developing, implementing, or operating informa-
tion, education, training, or other programs designed to
assist and provide services for families of disabled infants
with life-threatening conditions.
‘‘(2) To support State efforts to develop, operate, expand
and enhance a network of community-based, prevention-
focused, family resource and support programs that are cul-
turally competent and that coordinate resources among existing
education, vocational rehabilitation, disability, respite, health,
mental health, job readiness, self-sufficiency, child and family
development, community action, Head Start, child care, child
abuse and neglect prevention, juvenile justice, domestic violence
prevention and intervention, housing, and other human service
organizations within the State.
‘‘(3) To facilitate the elimination of barriers to adoption
and to provide permanent and loving home environments for
children who would benefit from adoption, particularly children
with special needs, including disabled infants with life-threaten-
ing conditions, by—
‘‘(A) promoting model adoption legislation and proce-
dures in the States and territories of the United States
in order to eliminate jurisdictional and legal obstacles to
adoption;
‘‘(B) providing a mechanism for the Department of
Health and Human Services to—
‘‘(i) promote quality standards for adoption serv-
ices, pre-placement, post-placement, and post-legal
adoption counseling, and standards to protect the
rights of children in need of adoption;
‘‘(ii) maintain a national adoption information
exchange system to bring together children who would
benefit from adoption and qualified prospective adop-
tive parents who are seeking such children, and con-
duct national recruitment efforts in order to reach
prospective parents for children awaiting adoption; and
H. R. 4—184
‘‘(iii) demonstrate expeditious ways to free children
for adoption for whom it has been determined that
adoption is the appropriate plan; and
‘‘(C) facilitating the identification and recruitment of
foster and adoptive families that can meet children’s needs.
‘‘(4) To respond to the needs of children, in particular
those who are drug exposed or inflicted with Acquired Immune
Deficiency Syndrome (AIDS), by supporting activities aimed
at preventing the abandonment of children, providing support
to children and their families, and facilitating the recruitment
and training of health and social service personnel.
‘‘(5) To carry out any other activities as the Secretary
determines are consistent with this Act.
‘‘SEC. 4. DEFINITIONS.
‘‘As used in this Act:
‘‘(1) CHILD.—The term ‘child’ means a person who has
not attained the lesser of—
‘‘(A) the age of 18; or
‘‘(B) except in the case of sexual abuse, the age specified
by the child protection law of the State in which the child
resides;
‘‘(2) CHILD ABUSE AND NEGLECT.—The term ‘child abuse
and neglect’ means, at a minimum, any recent act or failure
to act on the part of a parent or caretaker, which results
in death, serious physical or emotional harm, sexual abuse
or exploitation, or an act or failure to act which presents
an imminent risk of serious harm.
‘‘(3) FAMILY RESOURCE AND SUPPORT PROGRAMS.—The term
‘family resource and support program’ means a community-
based, prevention-focused entity that—
‘‘(A) provides, through direct service, the core services
required under this Act, including—
‘‘(i) parent education, support and leadership serv-
ices, together with services characterized by relation-
ships between parents and professionals that are based
on equality and respect, and designed to assist parents
in acquiring parenting skills, learning about child
development, and responding appropriately to the
behavior of their children;
‘‘(ii) services to facilitate the ability of parents
to serve as resources to one another (such as through
mutual support and parent self-help groups);
‘‘(iii) early developmental screening of children to
assess any needs of children, and to identify types
of support that may be provided;
‘‘(iv) outreach services provided through voluntary
home visits and other methods to assist parents in
becoming aware of and able to participate in family
resources and support program activities;
‘‘(v) community and social services to assist fami-
lies in obtaining community resources; and
‘‘(vi) follow-up services;
‘‘(B) provides, or arranges for the provision of, other
core services through contracts or agreements with other
local agencies; and
H. R. 4—185
‘‘(C) provides access to optional services, directly or
by contract, purchase of service, or interagency agreement,
including—
‘‘(i) child care, early childhood development and
early intervention services;
‘‘(ii) self-sufficiency and life management skills
training;
‘‘(iii) education services, such as scholastic tutor-
ing, literacy training, and General Educational Degree
services;
‘‘(iv) job readiness skills;
‘‘(v) child abuse and neglect prevention activities;
‘‘(vi) services that families with children with
disabilities or special needs may require;
‘‘(vii) community and social service referral;
‘‘(viii) peer counseling;
‘‘(ix) referral for substance abuse counseling and
treatment; and
‘‘(x) help line services.
‘‘(4) INDIAN TRIBE AND TRIBAL ORGANIZATION.—The terms
‘Indian tribe’ and ‘tribal organization’ shall have the same
meanings given such terms in subsections (e) and (l), respec-
tively, of section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b(e) and (l)).
‘‘(5) RESPITE SERVICES.—The term ‘respite services’ means
short term care services provided in the temporary absence
of the regular caregiver (parent, other relative, foster parent,
adoptive parent, or guardian) to children who—
‘‘(A) are in danger of abuse or neglect;
‘‘(B) have experienced abuse or neglect; or
‘‘(C) have disabilities, chronic, or terminal illnesses.
Such services shall be provided within or outside the home
of the child, be short-term care (ranging from a few hours
to a few weeks of time, per year), and be intended to enable
the family to stay together and to keep the child living in
the home and community of the child.
‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary
of Health and Human Services.
‘‘(7) SEXUAL ABUSE.—The term ‘sexual abuse’ includes—
‘‘(A) the employment, use, persuasion, inducement,
enticement, or coercion of any child to engage in, or assist
any other person to engage in, any sexually explicit conduct
or simulation of such conduct for the purpose of producing
a visual depiction of such conduct; or
‘‘(B) the rape, molestation, prostitution, or other form
of sexual exploitation of children, or incest with children;
‘‘(8) STATE.—The term ‘State’ means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Common-
wealth of the Northern Mariana Islands, and the Trust Terri-
tory of the Pacific Islands.
‘‘(9) WITHHOLDING OF MEDICALLY INDICATED TREATMENT.—
The term ‘withholding of medically indicated treatment’ means
the failure to respond to the infant’s life-threatening conditions
by providing treatment (including appropriate nutrition, hydra-
tion, and medication) which, in the treating physician’s or physi-
cians’ reasonable medical judgment, will be most likely to be
H. R. 4—186
effective in ameliorating or correcting all such conditions, except
that the term does not include the failure to provide treatment
(other than appropriate nutrition, hydration, or medication)
to an infant when, in the treating physician’s or physicians’
reasonable medical judgment—
‘‘(A) the infant is chronically and irreversibly comatose;
‘‘(B) the provision of such treatment would—
‘‘(i) merely prolong dying;
‘‘(ii) not be effective in ameliorating or correcting
all of the infant’s life-threatening conditions; or
‘‘(iii) otherwise be futile in terms of the survival
of the infant; or
‘‘(C) the provision of such treatment would be virtually
futile in terms of the survival of the infant and the treat-
ment itself under such circumstances would be inhumane.
‘‘TITLE I—GENERAL BLOCK GRANT
‘‘SEC. 101. CHILD AND FAMILY SERVICES BLOCK GRANTS.
‘‘(a) ELIGIBILITY.—The Secretary shall award grants to eligible
States that file a State plan that is approved under section 102
and that otherwise meet the eligibility requirements for grants
under this title.
‘‘(b) AMOUNT OF GRANT.—The amount of a grant made to each
State under subsection (a) for a fiscal year shall be based on
the population of children under the age of 18 residing in each
State that applies for a grant under this section.
‘‘(c) USE OF AMOUNTS.—Amounts received by a State under
a grant awarded under subsection (a) shall be used to carry out
the purposes described in section 3.
‘‘SEC. 102. ELIGIBLE STATES.
‘‘(a) IN GENERAL.—As used in this title, the term ‘eligible State’
means a State that has submitted to the Secretary, not later than
October 1, 1996, and every 3 years thereafter, a plan which has
been signed by the chief executive officer of the State and that
includes the following:
‘‘(1) OUTLINE OF CHILD PROTECTION PROGRAM.—A written
document that outlines the activities the State intends to con-
duct to achieve the purpose of this title, including the proce-
dures to be used for—
‘‘(A) receiving and assessing reports of child abuse
or neglect;
‘‘(B) investigating such reports;
‘‘(C) with respect to families in which abuse or neglect
has been confirmed, providing services or referral for serv-
ices for families and children where the State makes a
determination that the child may safely remain with the
family;
‘‘(D) protecting children by removing them from dan-
gerous settings and ensuring their placement in a safe
environment;
‘‘(E) providing training for individuals mandated to
report suspected cases of child abuse or neglect;
‘‘(F) protecting children in foster care;
‘‘(G) promoting timely adoptions;