through (viii) as clauses (iv) through (vii), re-
spectively; and 
(B) by adding at the end the following: 
‘‘(G) A plan for ensuring the educational 
stability of the child while in foster care, includ-
ing— 
‘‘(i) assurances that the placement of 
the child in foster care takes into account 
the appropriateness of the current edu-
cational setting and the proximity to the 
school in which the child is enrolled at the 
time of placement; and 
‘‘(ii)(I) an assurance that the State 
agency has coordinated with appropriate 
local educational agencies (as defined 
under section 9101 of the Elementary and 
Secondary Education Act of 1965) to en-
sure that the child remains in the school in 
which the child is enrolled at the time of 
placement; or 
‘‘(II) if remaining in such school is 
not in the best interests of the child, assur-
ances by the State agency and the local 
educational agencies to provide immediate 
and appropriate enrollment in a new
school, with all of the educational records 
of the child provided to the school.’’; and 
(2) in the 1st sentence of paragraph (4)(A)— 
(A) by striking ‘‘and reasonable’’ and in-
serting ‘‘reasonable’’; and 
(B) by inserting ‘‘, and reasonable travel 
for the child to remain in the school in which 
the child is enrolled at the time of placement’’ 
before the period. 
(b) EDUCATIONAL ATTENDANCE REQUIREMENT.— 
Section 471(a) of the Social Security Act (42 U.S.C. 
671(a)), as amended by sections 101(a) and 103 of this 
Act, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(28); 
(2) by striking the period at the end of para-
graph (29) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(30) provides assurances that each child who 
has attained the minimum age for compulsory school 
attendance under State law and with respect to 
whom there is eligibility for a payment under the 
State plan is a full-time elementary or secondary 
school student or has completed secondary school, 
and for purposes of this paragraph, the term ‘ele-
mentary or secondary school student’ means, with 
respect to a child, that the child is— 
‘‘(A) enrolled (or in the process of enroll-
ing) in an institution which provides elementary 
or secondary education, as determined under 
the law of the State or other jurisdiction in 
which the institution is located; 
‘‘(B) instructed in elementary or secondary 
education at home in accordance with a home 
school law of the State or other jurisdiction in 
which the home is located; 
‘‘(C) in an independent study elementary 
or secondary education program in accordance 
with the law of the State or other jurisdiction 
in which the program is located, which is ad-
ministered by the local school or school district; 
or 
‘‘(D) incapable of attending school on a 
full-time basis due to the medical condition of 
the child, which incapability is supported by 
regularly updated information in the case plan 
of the child.’’. 
SEC. 205. HEALTH OVERSIGHT AND COORDINATION PLAN. 
Section 422(b)(15) of the Social Security Act (42 
U.S.C. 622(b)(15)) is amended to read as follows:
‘‘(15)(A) provides that the State will develop, in 
coordination and collaboration with the State agency 
referred to in paragraph (1) and the State agency 
responsible for administering the State plan ap-
proved under title XIX, and in consultation with pe-
diatricians, other experts in health care, and experts 
in and recipients of child welfare services, a plan for 
the ongoing oversight and coordination of health 
care services for any child in a foster care place-
ment, which shall ensure a coordinated strategy to 
identify and respond to the health care needs of chil-
dren in foster care placements, including mental 
health and dental health needs, and shall include an 
outline of— 
‘‘(i) a schedule for initial and follow-up 
health screenings that meet reasonable stand-
ards of medical practice; 
‘‘(ii) how health needs identified through 
screenings will be monitored and treated; 
‘‘(iii) how medical information for children 
in care will be updated and appropriately 
shared, which may include the development and 
implementation of an electronic health record;
‘‘(iv) steps to ensure continuity of health 
care services, which may include the establish-
ment of a medical home for every child in care; 
‘‘(v) the oversight of prescription medi-
cines; and 
‘‘(vi) how the State actively consults with 
and involves physicians or other appropriate 
medical or non-medical professionals in assess-
ing the health and well-being of children in fos-
ter care and in determining appropriate medical 
treatment for the children; and 
‘‘(B) subparagraph (A) shall not be construed 
to reduce or limit the responsibility of the State 
agency responsible for administering the State plan 
approved under title XIX to administer and provide 
care and services for children with respect to whom 
services are provided under the State plan developed 
pursuant to this subpart;’’. 
SEC. 206. SIBLING PLACEMENT. 
Section 471(a) of the Social Security Act (42 U.S.C. 
671(a)), as amended by sections 101(a), 103, and 204(b) 
of this Act, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(29);
(2) by striking the period at the end of para-
graph (30) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(31) provides that reasonable efforts shall be 
made— 
‘‘(A) to place siblings removed from their 
home in the same foster care, kinship guardian-
ship, or adoptive placement, unless the State 
documents that such a joint placement would be 
contrary to the safety or well-being of any of 
the siblings; and 
‘‘(B) in the case of siblings removed from 
their home who are not so jointly placed, to 
provide for frequent visitation or other ongoing 
interaction between the siblings, unless that 
State documents that frequent visitation or 
other ongoing interaction would be contrary to 
the safety or well-being of any of the siblings.’’.
‘‘(1) IN GENERAL.—An Indian tribe, tribal or-
ganization, or tribal consortium that elects to oper-
ate a program under this part shall include with its 
plan submitted under section 471 the following: 
‘‘(A) FINANCIAL MANAGEMENT.—Evidence 
demonstrating that the tribe, organization, or 
consortium has not had any uncorrected signifi-
cant or material audit exceptions under Federal 
grants or contracts that directly relate to the 
administration of social services for the 3-year 
period prior to the date on which the plan is 
submitted. 
‘‘(B) 
SERVICE
AREAS
AND
POPU-
LATIONS.—For purposes of complying with sec-
tion 471(a)(3), a description of the service area 
or areas and populations to be served under the 
plan and an assurance that the plan shall be in 
effect in all service area or areas and for all 
populations served by the tribe, organization, or 
consortium. 
‘‘(C) ELIGIBILITY.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii) of this subparagraph, an assurance 
that the plan will provide—
‘‘(I) foster care maintenance pay-
ments under section 472 only on be-
half of children who satisfy the eligi-
bility requirements of section 472(a); 
‘‘(II) adoption assistance pay-
ments under section 473 pursuant to 
adoption assistance agreements only 
on behalf of children who satisfy the 
eligibility requirements for such pay-
ments under that section; and 
‘‘(III) at the option of the tribe, 
organization, or consortium, kinship 
guardianship assistance payments in 
accordance with section 473(d) only 
on behalf of children who meet the re-
quirements of section 473(d)(3). 
‘‘(ii) SATISFACTION OF FOSTER CARE 
ELIGIBILITY
REQUIREMENTS.—For pur-
poses of determining whether a child whose 
placement and care are the responsibility 
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), the following shall apply:
‘‘(I) USE OF AFFIDAVITS, ETC.— 
Only with respect to the first 12 
months for which such plan is in ef-
fect, the requirement in paragraph (1) 
of section 472(a) shall not be inter-
preted so as to prohibit the use of af-
fidavits or nunc pro tunc orders as 
verification documents in support of 
the reasonable efforts and contrary to 
the welfare of the child judicial deter-
minations required under that para-
graph. 
‘‘(II) AFDC 
ELIGIBILITY
RE-
QUIREMENT.—The State plan ap-
proved under section 402 (as in effect 
on July 16, 1996) of the State in 
which the child resides at the time of 
removal from the home shall apply to 
the determination of whether the child 
satisfies section 472(a)(3). 
‘‘(D) OPTION TO CLAIM IN-KIND EXPENDI-
TURES FROM THIRD-PARTY SOURCES FOR NON- 
FEDERAL
SHARE
OF
ADMINISTRATIVE
AND 
TRAINING COSTS DURING INITIAL IMPLEMENTA-
TION PERIOD.—Only for fiscal year quarters be-
ginning after September 30, 2009, and before 
October 1, 2014, a list of the in-kind expendi-
tures (which shall be fairly evaluated, and may 
include plants, equipment, administration, or 
services) and the third-party sources of such ex-
penditures that the tribe, organization, or con-
sortium may claim as part of the non-Federal 
share of administrative or training expenditures 
attributable to such quarters for purposes of re-
ceiving payments under section 474(a)(3). The 
Secretary shall permit a tribe, organization, or 
consortium to claim in-kind expenditures from 
third party sources for such purposes during 
such quarters subject to the following: 
‘‘(i) NO EFFECT ON AUTHORITY FOR 
TRIBES, ORGANIZATIONS, OR
CONSORTIA 
TO
CLAIM
EXPENDITURES
OR
INDIRECT 
COSTS
TO
THE
SAME
EXTENT
AS 
STATES.—Nothing in this subparagraph 
shall be construed as preventing a tribe, 
organization, or consortium from claiming 
any expenditures or indirect costs for pur-
poses of receiving payments under section 
474(a) that a State with a plan approved
under section 471(a) could claim for such 
purposes. 
‘‘(ii) FISCAL YEAR 2010 OR 2011.— 
‘‘(I) 
EXPENDITURES
OTHER 
THAN
FOR
TRAINING.—With respect 
to amounts expended during a fiscal 
year quarter beginning after Sep-
tember 30, 2009, and before October 
1, 2011, for which the tribe, organiza-
tion, or consortium is eligible for pay-
ments under subparagraph (C), (D), 
or (E) of section 474(a)(3), not more 
than 25 percent of such amounts may 
consist of in-kind expenditures from 
third-party sources specified in the list 
required under this subparagraph to 
be submitted with the plan. 
‘‘(II) 
TRAINING
EXPENDI-
TURES.—With respect to amounts ex-
pended during a fiscal year quarter 
beginning after September 30, 2009, 
and before October 1, 2011, for which 
the tribe, organization, or consortium 
is eligible for payments under sub-
paragraph (A) or (B) of section
474(a)(3), not more than 12 percent 
of such amounts may consist of in- 
kind expenditures from third-party 
sources that are specified in such list 
and described in subclause (III). 
‘‘(III) SOURCES
DESCRIBED.— 
For purposes of subclause (II), the 
sources described in this subclause are 
the following: 
‘‘(aa) A State or local gov-
ernment. 
‘‘(bb) An Indian tribe, tribal 
organization, or tribal consortium 
other than the tribe, organiza-
tion, or consortium submitting 
the plan. 
‘‘(cc) A public institution of 
higher education. 
‘‘(dd) A Tribal College or 
University (as defined in section 
316 of the Higher Education Act 
of 1965 (20 U.S.C. 1059c)). 
‘‘(ee) A private charitable 
organization.
‘‘(iii) FISCAL
YEAR
2012, 2013, OR 
2014.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II) of this 
clause and clause (v) of this subpara-
graph, with respect to amounts ex-
pended during any fiscal year quarter 
beginning after September 30, 2011, 
and before October 1, 2014, for which 
the tribe, organization, or consortium 
is eligible for payments under any 
subparagraph of section 474(a)(3) of 
this Act, the only in-kind expenditures 
from third-party sources that may be 
claimed by the tribe, organization, or 
consortium for purposes of deter-
mining the non-Federal share of such 
expenditures 
(without 
regard 
to 
whether the expenditures are specified 
on the list required under this sub-
paragraph to be submitted with the 
plan) are in-kind expenditures that 
are specified in regulations promul-
gated by the Secretary under section 
301(e)(2) of the Fostering Connec-
tions to Success and Increasing Adop-
tions Act of 2008 and are from an ap-
plicable third-party source specified in 
such regulations, and do not exceed 
the applicable percentage for claiming 
such in-kind expenditures specified in 
the regulations. 
‘‘(II) TRANSITION
PERIOD
FOR 
EARLY APPROVED TRIBES, ORGANIZA-
TIONS, OR
CONSORTIA.—Subject to 
clause (v), if the tribe, organization, 
or consortium is an early approved 
tribe, organization, or consortium (as 
defined in subclause (III) of this 
clause), the Secretary shall not re-
quire the tribe, organization, or con-
sortium to comply with such regula-
tions before October 1, 2013. Until 
the earlier of the date such tribe, or-
ganization, or consortium comes into 
compliance with such regulations or 
October 1, 2013, the limitations on 
the claiming of in-kind expenditures 
from third-party sources under clause 
(ii) shall continue to apply to such
tribe, organization, or consortium 
(without regard to fiscal limitation) 
for purposes of determining the non- 
Federal share of amounts expended by 
the tribe, organization, or consortium 
during any fiscal year quarter that be-
gins after September 30, 2011, and 
before such date of compliance or Oc-
tober 1, 2013, whichever is earlier. 
‘‘(III) DEFINITION OF EARLY AP-
PROVED
TRIBE, ORGANIZATION, OR 
CONSORTIUM.—For purposes of sub-
clause (II) of this clause, the term 
‘early approved tribe, organization, or 
consortium’ means an Indian tribe, 
tribal organization, or tribal consor-
tium that had a plan approved under 
section 471 in accordance with this 
section for any quarter of fiscal year 
2010 or 2011. 
‘‘(iv) FISCAL YEAR 2015 AND THERE-
AFTER.—Subject to clause (v) of this sub-
paragraph, with respect to amounts ex-
pended during any fiscal year quarter be-
ginning after September 30, 2014, for
which the tribe, organization, or consor-
tium is eligible for payments under any 
subparagraph of section 474(a)(3) of this 
Act, in-kind expenditures from third-party 
sources may be claimed for purposes of de-
termining the non-Federal share of ex-
penditures under any subparagraph of 
such section 474(a)(3) only in accordance 
with the regulations promulgated by the 
Secretary under section 301(e)(2) of the 
Fostering Connections to Success and In-
creasing Adoptions Act of 2008. 
‘‘(v) CONTINGENCY RULE.—If, at the 
time expenditures are made for a fiscal 
year quarter beginning after September 
30, 2011, and before October 1, 2014, for 
which a tribe, organization, or consortium 
may receive payments for under section 
474(a)(3) of this Act, no regulations re-
quired to be promulgated under section 
301(e)(2) of the Fostering Connections to 
Success and Increasing Adoptions Act of 
2008 are in effect, and no legislation has 
been enacted specifying otherwise—
‘‘(I) in the case of any quarter of 
fiscal year 2012, 2013, or 2014, the 
limitations on claiming in-kind ex-
penditures from third-party sources 
under clause (ii) of this subparagraph 
shall apply (without regard to fiscal 
limitation) for purposes of deter-
mining the non-Federal share of such 
expenditures; and 
‘‘(II) in the case of any quarter 
of fiscal year 2015 or any fiscal year 
thereafter, no tribe, organization, or 
consortium may claim in-kind expend-
itures from third-party sources for 
purposes of determining the non-Fed-
eral share of such expenditures if a 
State with a plan approved under sec-
tion 471(a) of this Act could not 
claim in-kind expenditures from third- 
party sources for such purposes. 
‘‘(2) CLARIFICATION OF TRIBAL AUTHORITY TO 
ESTABLISH STANDARDS FOR TRIBAL FOSTER FAM-
ILY
HOMES
AND
TRIBAL
CHILD
CARE
INSTITU-
TIONS.—For purposes of complying with section 
471(a)(10), an Indian tribe, tribal organization, or
a tribal consortium that has a plan ap-
proved under section 471 in accordance 
with section 479B; and’’. 
(b) AUTHORITY TO RECEIVE PORTION OF STATE AL-
LOTMENT AS PART OF AN AGREEMENT TO OPERATE THE 
JOHN H. CHAFEE FOSTER CARE INDEPENDENCE PRO-
GRAM.—Section 477 of such Act (42 U.S.C. 677) is 
amended by adding at the end the following: 
‘‘(j) AUTHORITY FOR AN INDIAN TRIBE, TRIBAL OR-
GANIZATION, OR TRIBAL CONSORTIUM TO RECEIVE AN 
ALLOTMENT.— 
‘‘(1) IN GENERAL.—An Indian tribe, tribal or-
ganization, or tribal consortium with a plan ap-
proved under section 479B, or which is receiving 
funding to provide foster care under this part pursu-
ant to a cooperative agreement or contract with a 
State, may apply for an allotment out of any funds 
authorized by paragraph (1) or (2) (or both) of sub-
section (h) of this section. 
‘‘(2) APPLICATION.—A tribe, organization, or 
consortium desiring an allotment under paragraph 
(1) of this subsection shall submit an application to 
the Secretary to directly receive such allotment that 
includes a plan which—
‘‘(A) satisfies such requirements of para-
graphs (2) and (3) of subsection (b) as the Sec-
retary determines are appropriate; 
‘‘(B) contains a description of the tribe’s, 
organization’s, or consortium’s consultation 
process regarding the programs to be carried 
out under the plan with each State for which a 
portion of an allotment under subsection (c) 
would be redirected to the tribe, organization, 
or consortium; and 
‘‘(C) contains an explanation of the results 
of such consultation, particularly with respect 
to— 
‘‘(i) determining the eligibility for 
benefits and services of Indian children to 
be served under the programs to be carried 
out under the plan; and 
‘‘(ii) the process for consulting with 
the State in order to ensure the continuity 
of benefits and services for such children 
who will transition from receiving benefits 
and services under programs carried out 
under a State plan under subsection (b)(2) 
to receiving benefits and services under
programs carried out under a plan under 
this subsection. 
‘‘(3) PAYMENTS.—The Secretary shall pay an 
Indian tribe, tribal organization, or tribal consortium 
with an application and plan approved under this 
subsection from the allotment determined for the 
tribe, organization, or consortium under paragraph 
(4) of this subsection in the same manner as is pro-
vided in section 474(a)(4) (and, where requested, 
and if funds are appropriated, section 474(e)) with 
respect to a State, or in such other manner as is de-
termined appropriate by the Secretary, except that 
in no case shall an Indian tribe, a tribal organiza-
tion, or a tribal consortium receive a lesser propor-
tion of such funds than a State is authorized to re-
ceive under those sections. 
‘‘(4) ALLOTMENT.—From the amounts allotted 
to a State under subsection (c) of this section for a 
fiscal year, the Secretary shall allot to each Indian 
tribe, tribal organization, or tribal consortium with 
an application and plan approved under this sub-
section for that fiscal year an amount equal to the 
tribal foster care ratio determined under paragraph 
(5) of this subsection for the tribe, organization, or 
consortium multiplied by the allotment amount of
the State within which the tribe, organization, or 
consortium is located. The allotment determined 
under this paragraph is deemed to be a part of the 
allotment determined under section 477(c) for the 
State in which the Indian tribe, tribal organization, 
or tribal consortium is located. 
‘‘(5) TRIBAL FOSTER CARE RATIO.—For pur-
poses of paragraph (4), the tribal foster care ratio 
means, with respect to an Indian tribe, tribal organi-
zation, or tribal consortium, the ratio of— 
‘‘(A) the number of children in foster care 
under the responsibility of the Indian tribe, 
tribal organization, or tribal consortium (either 
directly or under supervision of the State), in 
the most recent fiscal year for which the infor-
mation is available; to 
‘‘(B) the sum of— 
‘‘(i) the total number of children in 
foster care under the responsibility of the 
State within which the Indian tribe, tribal 
organization, or tribal consortium is lo-
cated; and 
‘‘(ii) the total number of children in 
foster care under the responsibility of all 
Indian tribes, tribal organizations, or tribal
consortia in the State (either directly or 
under supervision of the State) that have 
a plan approved under this subsection.’’. 
(c) STATE AND TRIBAL COOPERATION.— 
(1) STATE PLAN REQUIREMENT TO NEGOTIATE 
IN GOOD FAITH.— 
(A) IN GENERAL.—Section 471(a) of the 
Social Security Act (42 U.S.C. 671(a)), as 
amended by sections 101(a), 103, 204(b), and 
206 of this Act, is amended— 
(i) by striking ‘‘and’’ at the end of 
paragraph (30); 
(ii) by striking the period at the end 
of paragraph (31) and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(32) provides that the State will negotiate in 
good faith with any Indian tribe, tribal organization 
or tribal consortium in the State that requests to de-
velop an agreement with the State to administer all 
or part of the program under this part on behalf of 
Indian children who are under the authority of the 
tribe, organization, or consortium, including foster 
care maintenance payments on behalf of children
who are placed in State or tribally licensed foster 
family homes, adoption assistance payments, and, if 
the State has elected to provide such payments, kin-
ship guardianship assistance payments under section 
473(d), and tribal access to resources for adminis-
tration, training, and data collection under this 
part.’’. 
(B) 
CHAFEE
PROGRAM
CONFORMING 
AMENDMENT.—Section 477(b)(3)(G) of such 
Act (42 U.S.C. 677(b)(3)(G)) is amended— 
(i) by striking ‘‘and that’’ and insert-
ing ‘‘that’’; and 
(ii) by striking the period at the end 
and inserting ‘‘; and that the State will ne-
gotiate in good faith with any Indian tribe, 
tribal organization, or tribal consortium in 
the State that does not receive an allot-
ment under subsection (j)(4) for a fiscal 
year and that requests to develop an agree-
ment with the State to administer, super-
vise, or oversee the programs to be carried 
out under the plan with respect to the In-
dian children who are eligible for such pro-
grams and who are under the authority of 
the tribe, organization, or consortium and
to receive from the State an appropriate 
portion of the State allotment under sub-
section (c) for the cost of such administra-
tion, supervision, or oversight.’’. 
(2) APPLICATION OF TRIBAL FEDERAL MATCH-
ING RATE TO COOPERATIVE AGREEMENTS OR CON-
TRACTS BETWEEN STATE OR TRIBES.—Paragraphs 
(1) and (2) of section 474(a) of such Act (42 U.S.C. 
674(a)) are each amended by inserting ‘‘(or, with re-
spect to such payments made during such quarter 
under a cooperative agreement or contract entered 
into by the State and an Indian tribe, tribal organi-
zation, or tribal consortium 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 para-
graph referred to as the ‘tribal FMAP’) if such In-
dian tribe, tribal organization, or tribal consortium 
made such payments under a program operated 
under that section, unless the tribal FMAP is less 
than the Federal medical assistance percentage that 
applies to the State)’’ before the semicolon. 
(d) RULES
OF CONSTRUCTION.—Nothing in the 
amendments made by this section shall be construed as—
(1) authorization to terminate funding on be-
half of any Indian child receiving foster care mainte-
nance payments or adoption assistance payments on 
the date of enactment of this Act and for which the 
State receives Federal matching payments under 
paragraph (1) or (2) of section 474(a) of the Social 
Security Act (42 U.S.C. 674(a)), regardless of 
whether a cooperative agreement or contract be-
tween the State and an Indian tribe, tribal organiza-
tion, or tribal consortium is in effect on such date 
or an Indian tribe, tribal organization, or tribal con-
sortium elects subsequent to such date to operate a 
program under section 479B of such Act (as added 
by subsection (a) of this section); or 
(2) affecting the responsibility of a State— 
(A) as part of the plan approved under 
section 471 of the Social Security Act (42 
U.S.C. 671), to provide foster care maintenance 
payments, adoption assistance payments, and if 
the State elects, kinship guardianship assist-
ance payments, for Indian children who are eli-
gible for such payments and who are not other-
wise being served by an Indian tribe, tribal or-
ganization, or tribal consortium pursuant to a 
program under such section 479B of such Act
or a cooperative agreement or contract entered 
into between an Indian tribe, a tribal organiza-
tion, or a tribal consortium and a State for the 
administration or payment of funds under part 
E of title IV of such Act; or 
(B) as part of the plan approved under 
section 477 of such Act (42 U.S.C. 677) to ad-
minister, supervise, or oversee programs carried 
out under that plan on behalf of Indian children 
who are eligible for such programs if such chil-
dren are not otherwise being served by an In-
dian tribe, tribal organization, or tribal consor-
tium pursuant to an approved plan under sec-
tion 477(j) of such Act or a cooperative agree-
ment or contract entered into under section 
477(b)(3)(G) of such Act. 
(e) REGULATIONS.— 
(1) IN GENERAL.—Except as provided in para-
graph (2) of this subsection, not later than 1 year 
after the date of enactment of this section, the Sec-
retary of Health and Human Services, in consulta-
tion with Indian tribes, tribal organizations, tribal 
consortia, and affected States, shall promulgate in-
terim final regulations to carry out this section and 
the amendments made by this section. Such regula-
tions shall include procedures to ensure that a trans-
fer of responsibility for the placement and care of a 
child under a State plan approved under section 471 
of the Social Security Act to a tribal plan approved 
under section 471 of such Act in accordance with 
section 479B of such Act (as added by subsection 
(a)(1) of this section) or to an Indian tribe, a tribal 
organization, or a tribal consortium that has entered 
into a cooperative agreement or contract with a 
State for the administration or payment of funds 
under part E of title IV of such Act does not affect 
the eligibility of, provision of services for, or the 
making of payments on behalf of, such children 
under part E of title IV of such Act, or the eligi-
bility of such children for medical assistance under 
title XIX of such Act. 
(2) IN-KIND
EXPENDITURES
FROM
THIRD- 
PARTY SOURCES FOR PURPOSES OF DETERMINING 
NON-FEDERAL
SHARE
OF
ADMINISTRATIVE
AND 
TRAINING EXPENDITURES.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B) of this paragraph, not later than 
September 30, 2011, the Secretary of Health 
and Human Services, in consultation with In-
dian tribes, tribal organizations, and tribal con-
sortia, shall promulgate interim final regula-
tions specifying the types of in-kind expendi-
tures, including plants, equipment, administra-
tion, and services, and the third-party sources 
for such in-kind expenditures which may be 
claimed by tribes, organizations, and consortia 
with plans approved under section 471 of the 
Social Security Act in accordance with section 
479B of such Act, up to such percentages as 
the Secretary, in such consultation shall specify 
in such regulations, for purposes of determining 
the non-Federal share of administrative and 
training expenditures for which the tribes, orga-
nizations, and consortia may receive payments 
for 
under 
any 
subparagraph 
of 
section 
474(a)(3) of such Act. 
(B) EFFECTIVE DATE.—In no event shall 
the regulations required to be promulgated 
under subparagraph (A) take effect prior to Oc-
tober 1, 2011. 
(C) SENSE OF THE CONGRESS.—It is the 
sense of the Congress that if the Secretary of 
Health and Human Services fails to publish in 
the Federal Register the regulations required 
under subparagraph (A) of this paragraph, the