Protecting America’s Children by Strengthening Families Act

Bill: 118-s-5336
Sponsor: full_name: Sen. Cornyn, John [R-TX]
Introduced: 2024-11-18
Policy area: Social Welfare
Latest action: action_date: 2024-11-18
text: Read twice and referred to the Committee on Finance.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 5336 IN THE SENATE OF THE UNITED STATES November 18, 2024 Mr. Cornyn (for himself and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To reauthorize child welfare programs under part B of title IV of the Social Security Act, and for other purposes.

1. Short title This Act may be cited as the Protecting America’s Children by Strengthening Families Act . 2. References Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. 3. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. References. Sec. 3. Table of contents. Sec. 4. Reauthorization of child welfare programs. Sec. 5. Enhancements to the court improvement program. Sec. 6. Expanding regional partnership grants to address parental substance use disorder as cause of child removal. Sec. 7. Modernization; reducing administrative burden. Sec. 8. Streamlining funding for Indian tribes. Sec. 9. Accelerating access to Family First prevention services. Sec. 10. Strengthening support for youth aging out of foster care. Sec. 11. Recognizing the importance of relative and kinship caregivers. Sec. 12. Avoiding neglect by addressing poverty. Sec. 13. Strengthening support for caseworkers. Sec. 14. Demonstration projects for improving relationships between incarcerated parents and children in foster care. Sec. 15. Guidance to States on improving data collection and reporting for youth in residential treatment programs. Sec. 16. Streamlining research, training, and technical assistance funding. Sec. 17. Report on post adoption and subsidized guardianship services. Sec. 18. Effective date. 4. Reauthorization of child welfare programs (a) Reauthorization of subpart 1 ; discretionary funding Section 425 ( 42 U.S.C. 625 ) is amended by striking 2017 through 2023 and inserting 2025 through 2029 . (b) Reauthorization of subpart 2 ; enhanced support Section 436(a) ( 42 U.S.C. 629f(a) ) is amended by striking each of fiscal years 2017 through 2023 and inserting fiscal year 2025 and $420,000,000 for each of fiscal years 2026 through 2029 . (c) Reauthorization of subpart 2 ; discretionary funding Section 437(a) ( 42 U.S.C. 629g(a) ) is amended by striking 2017 through 2023 and inserting 2025 through 2029 . (d) Funding limitation Section 423(a)(2)(A) ( 42 U.S.C. 623(a)(2)(A) ) is amended by inserting , not to exceed $10,000,000 before the semicolon. 5. Enhancements to the court improvement program (a) Increase in reservation of funds Section 436(b)(2) ( 42 U.S.C. 629f(b)(2) ) is amended by inserting for fiscal year 2025 and $40,000,000 for fiscal year 2026 and each succeeding fiscal year before for grants . (b) Extension of State match requirement Section 438(d) ( 42 U.S.C. 629h(d) ) is amended by striking 2017 through 2023 and inserting 2025 through 2029 . (c) Program improvements Section 438(a) ( 42 U.S.C. 629h(a) ) is amended— (1) in paragraph (1), by adding at the end the following: (F) that determine the appropriateness and best practices for use of technology to conduct remote hearings, subject to participant consent, including to ensure maximum participation of individuals involved in proceedings and to enable courts to maintain operations in times of public health or other emergencies; ; (2) in paragraph (2)(C), by striking personnel. and inserting personnel and supporting optimal use of remote hearing technology; and ; and (3) by adding at the end the following: (3) to ensure continuity of needed court services, prevent disruption of the services, and enable their recovery from threats such as public health crises, natural disasters or cyberattacks, including through— (A) support for technology that allows court proceedings to occur remotely subject to participant consent, including hearings and legal representation; (B) the development of guidance and protocols for responding to the occurrences and coordinating with other agencies; and (C) other activities carried out to ensure backup systems are in place. . (d) Implementation guidance on sharing best practices for technological changes needed for remote court proceedings for foster care or adoption Section 438 ( 42 U.S.C. 629h ) is amended by adding at the end the following: (e) Guidance (1) In general Every 5 years, the Secretary shall issue implementation guidance for sharing information on best practices for— (A) technological changes needed for court proceedings for foster care, guardianship, or adoption to be conducted remotely in a way that maximizes engagement and protects the privacy of participants; and (B) the manner in which the proceedings should be conducted. (2) Initial issuance The Secretary shall issue initial guidance required by paragraph (1) with preliminary information on best practices not later than October 1, 2025. (3) Additional consultation The Secretary shall consult with Indian tribes on the development of appropriate guidelines for State court proceedings involving Indian children to maximize engagement of Indian tribes and provide appropriate guidelines on conducting State court proceedings subject to the Indian Child Welfare Act of 1978 ( 25 U.S.C. 1901 et seq. ). . 6. Expanding regional partnership grants to address parental substance use disorder as cause of child removal (a) Increase in reservation of funds Section 436(b)(5) ( 42 U.S.C. 629f(b)(5) ) is amended by striking each of fiscal years 2017 through 2023 and inserting fiscal year 2025 and $30,000,000 for fiscal year 2026 and each succeeding fiscal year . (b) Reauthorization Section 437(f) ( 42 U.S.C. 629g(f) ) is amended— (1) in paragraph (3)(A)— (A) by striking In addition to amounts authorized to be appropriated to carry out this section, the and inserting The ; and (B) by striking 2017 through 2023 and inserting 2025 through 2029 ; and (2) in paragraph (10), by striking for each of fiscal years 2017 through 2023 . (c) Authority To waive planning phase Section 437(f)(3)(B)(iii) ( 42 U.S.C. 629g(f)(3)(B)(iii) ) is amended— (1) by striking all that precedes grant awarded and inserting the following: (iii) Sufficient planning (I) In general A ; and (2) by striking may not exceed $250,000, and ; and (3) by adding after and below the end the following: (II) Exception The Secretary, on a case-by-case basis, may waive the planning phase for a partnership that demonstrates that the partnership has engaged in sufficient planning before submitting an application for a grant under this subsection. . (d) Expanding availability of evidence-Based services (1) In general Section 437(f)(1) ( 42 U.S.C. 629g(f)(1) ) is amended by inserting , and expand the scope of the evidence-based services that may be approved by the clearinghouse established under section 476(d) before the period. (2) Considerations for awarding grants Section 437(f)(7) ( 42 U.S.C. 629g(f)(7) ) is amended— (A) by striking and at the end of subparagraph (D); (B) by striking the period at the end of subparagraph (E) and inserting ; and ; and (C) by adding at the end the following: (F) have submitted information pursuant to paragraph (4)(F) that demonstrates the capability to participate in rigorous evaluation of program effectiveness. . (e) Technical assistance on using regional partnership grant funds in coordination with other Federal funds To better serve families affected by a substance use disorder Section 435(d) ( 42 U.S.C. 629e(d) ) is amended— (1) by striking and at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ; and ; and (3) by adding at the end the following: (6) use grants under section 437(f) in coordination with other Federal funds to better serve families in the child welfare system that are affected by a substance use disorder. . (f) Performance indicators Section 437(f)(8)(A) ( 42 U.S.C. 629g(f)(8)(A) ) is amended in the 1st sentence— (1) by striking this subsection the 1st place it appears and inserting the Protecting America’s Children by Strengthening Families Act ; (2) by inserting child permanency, reunification, re-entry into care, before parental recovery ; and (3) by inserting , and access to services for families with substance use disorder, including those with children who are overrepresented in foster care, difficult to place, or have disproportionately low permanency rates before the period. (g) Performance indicator consultation required Section 437(f)(8)(B) ( 42 U.S.C. 629g(f)(8)(B) ) is amended by redesignating clause (iii) as clause (iv) and inserting after clause (ii) the following: (iii) The Administrator of the National Institute on Drug Abuse. . (h) Reports to Congress Section 437(f)(9)(B) ( 42 U.S.C. 629g(f)(9)(B) ) is amended— (1) by striking and at the end of clause (ii); (2) by striking the period at the end of clause (iii) and inserting ; and ; and (3) by adding at the end the following: (iv) whether any programs funded by the grants were submitted to the clearinghouse established under section 476(d) for review and the results of any such review. . (i) Priority for statewide service growth Section 437(f)(7) ( 42 U.S.C. 629g(f)(7) ), as amended by subsection (d)(2) of this section, is amended— (1) by striking and at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ; and ; and (3) by adding at the end the following: (G) are a State or public agency, or outline a plan to increase the availability of services funded under the grant statewide. . (j) Addition of juvenile court as required partner Section 437(f)(2)(A) ( 42 U.S.C. 629g(f)(2)(A) ) is amended by adding at the end the following: (iii) The most appropriate administrative office of the juvenile court or State court overseeing court proceedings involving families who come to the attention of the court due to child abuse or neglect. . (k) Additional optional partner Section 437(f)(2)(C) ( 42 U.S.C. 629g(f)(2)(C) ) is amended by redesignating clause (ix) as clause (x) and inserting after clause (viii) the following: (ix) State or local agencies that administer Federal health care, housing, family support, or other related programs. . (l) Conforming amendments (1) Section 437(f)(2)(D) ( 42 U.S.C. 629g(f)(2)(D) ) is amended— (A) by adding and at the end of clause (i); (B) by striking ; and at the end of clause (ii) and inserting a period; and (C) by striking clause (iii). (2) Section 437(f)(2) ( 42 U.S.C. 629g(f)(2) ) is amended by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. 7. Modernization; reducing administrative burden (a) In general Section 431 ( 42 U.S.C. 629a ) is amended by adding at the end the following: (c) Use of technology (1) Use of portal The services referred to in subsection (a) may include the means of access to and use of an electronic or digital portal to facilitate the provision of community support to care for and meet specific needs of families and children. (2) Limitation Such a portal shall not retain or share personally identifiable information about a beneficiary without consent or for any purpose other than referral. . (b) Allowing support for family resource centers Section 431(a) ( 42 U.S.C. 629a(a) ) is amended— (1) in paragraph (2)(A), by inserting , including services provided by family resource centers, before designed ; and (2) by adding at the end the following: (10) Family resource center (A) In general The term family resource center means a community or school-based hub of support services for families that— (i) utilizes an approach that is multi-generational, strengths-based, and family-centered; (ii) reflects, and is responsive to, community needs and interests; (iii) provides support at no or low cost for participants; and (iv) builds communities of peer support for families, including kinship families, to develop social connections that reduce isolation and stress. (B) Special rule For purposes of this subpart, an expenditure for a service provided by a family resource center may be treated as an expenditure for any 1 or more of family support services, family preservation services, family reunification services, or adoption promotion and support services as long as the expenditure is related to serving the children and families in the specified category and consistent with the overall purpose of the category. . (c) Updating State plan requirement Section 422(b)(1) ( 42 U.S.C. 622(b)(1) ) is amended to read as follows: (1) provide that a State agency will administer or supervise the administration of the plan under this subpart; . (d) Access to legal representation Section 422(b)(4) ( 42 U.S.C. 622(b)(4) ) is amended— (1) by striking and at the end of subparagraph (A); (2) by adding and at the end of subparagraph (B); and (3) by adding at the end the following: (C) the steps that the State will take to ensure that, with respect to any judicial proceeding involving a child and in which there is an allegation of child abuse or neglect, including a proceeding on dependency, adoption, guardianship, or termination of parental rights, information about available independent legal representation is provided to— (i) the child, as appropriate; and (ii) any individual who is a parent or guardian, or has legal custody, of the child; . (e) Supporting mental health and well-Being of children in foster care Section 422(b)(15)(A) ( 42 U.S.C. 622(b)(15) is amended— (1) in the matter preceding clause (i)— (A) by inserting and, if applicable, the State agency responsible for mental health services, before and in consultation ; and (B) by inserting mental health providers, before other experts ; (2) in clause (ii), by inserting a list of services provided to support the physical and before emotional ; (3) in clause (iv), by inserting and mental health before services ; (4) in clause (v), by inserting , informed consent of youth, and compliance with professional practice guidelines before the semicolon; and (5) in clause (vi), by inserting , licensed mental health providers, before or other . (f) Reduction of administrative burden (1) In general Subpart 3 of part B of title IV ( 42 U.S.C. 629m ) is amended by redesignating section 440 as section 443 and inserting before such section the following: 441. Reduction of administrative burden (a) In general The Secretary shall reduce the burden of administering this part imposed on the recipients of funds under this part, by— (1) reviewing and revising administrative data collection instruments and forms to eliminate duplication and streamline reporting requirements for the recipients while collecting all data required under this part; (2) in coordination with activities required under the Paperwork Reduction Act, conducting an analysis of the total number of hours reported by the recipients to comply with paperwork requirements and exploring, in consultation with the recipients, how to reduce the number of hours required for the compliance by at least 15 percent; (3) collecting input from the recipients with respect to fiscal and oversight requirements and making changes to ensure consistency with standards and guidelines for other Federal formula grant programs based on the input; and (4) respecting the sovereignty of Indian tribes when complying with this subsection. (b) Limitation on applicability Subsection (a) of this section shall not apply to any reporting or data collection otherwise required by law that would affect the ability of the Secretary to monitor and ensure compliance with State plans approved under this part or ensure that funds are expended consistent with this part. 442. Public access to State plans The Secretary shall— (1) create a standardized format for State plans required under sections 422 and 432 used to monitor compliance with those sections; (2) produce comparisons and analyses of trends in State plans to inform future technical assistance and policy development; (3) make the State plans available on a public website; and (4) include on the website aggregated national summaries of State submissions as the Secretary deems appropriate. . (2) Implementation Within 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall— (A) comply with section 441 of the Social Security Act, as added by the amendment made by paragraph (1); and (B) notify each recipient of funds under part B of title IV of the Social Security Act of any change made by the Secretary pursuant to such section affecting the recipient. (3) Report Within 3 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report describing the efforts of the Secretary to comply with section 441 of the Social Security Act, as added by the amendment made by paragraph (1), including the specific actions to comply with each paragraph of such section. (g) Primary prevention partners Section 435(a)(2)(B) ( 42 U.S.C. 429e(a)(2)(B) ) is amended by inserting including community-based partners with expertise in preventing unnecessary child welfare system involvement before the semicolon. 8. Streamlining funding for Indian tribes (a) Subpart 1 (1) Tribal set-aside; direct payments to tribes; exemptive authority (A) In general Section 428 ( 42 U.S.C. 628 ) is amended by striking subsections (a) and (b) and inserting the following: (a) Reservation of funds; direct payments Out of any amount appropriated pursuant to section 425 for a fiscal year, the Secretary shall reserve 3 percent for grants to Indian tribes and tribal organizations, which shall be paid directly to Indian tribes and tribal organizations with a plan approved under this subpart, in accordance with section 433(a). . (B) Conforming amendment Section 423(a) ( 42 U.S.C. 623(a) ) is amended by striking the sum appropriated pursuant to section 425 for each fiscal year and inserting for each fiscal year, the sum appropriated pursuant to section 425 remaining after applying section 428(a) . (C) Technical amendment Section 428(c) ( 42 U.S.C. 628(c) ) is amended by striking 450b and inserting 5304 . (2) Improving compliance with the Indian Child Welfare Act (A) State plan requirement Section 422(b)(9) ( 42 U.S.C. 622(b)(9) ) is amended by striking Act; and inserting Act of 1978, including how the State will ensure timely notice to Indian tribes of State custody proceedings involving Indian children, foster care or adoptive placements of Indian children, and case recordkeeping as such matters relate to transfers of jurisdiction, termination of parental rights, and active efforts; . (B) Technical assistance Subpart 1 of part B of title IV ( 42 U.S.C. 621 et seq. ) is amended by adding at the end the following: 429B. Effective implementation of the Indian Child Welfare Act of 1978 (a) In general Not later than October 1, 2025, the Secretary, in consultation with Indian tribal organizations and States, shall develop a plan and provide technical assistance supporting effective implementation of the Indian Child Welfare Act of 1978, including specific measures identified in State plans as required by section 422(b)(9) of this Act. The technical assistance plan shall be based on data sufficient to assess State strengths and areas for improvement in implementing Federal standards established under the Indian Child Welfare Act of 1978, including, at a minimum, the following: (1) Timely identification of Indian children and extended family members. (2) Timely tribal notice of State child custody proceedings involving an Indian child. (3) Reports of cases in which a transfer of jurisdiction (as defined under the Indian Child Welfare Act of 1978) was granted or was not granted, and reasons specified for denial in cases where transfer was denied. (4) In cases in which a State court orders a foster care placement of an Indian child, whether requirements for active efforts to prevent the breakup of the Indian family, testimony of a qualified expert witness, and evidentiary standards were met. (5) Whether an Indian child was placed in a placement that is required to be preferred under the Indian Child Welfare Act of 1978, and if not, the reasons specified. (6) In cases in which a State court orders the termination of parental rights to an Indian child, whether requirements for active efforts to prevent the breakup of the Indian family, testimony of a qualified expert witness, and evidentiary standards were met. (b) Interagency coordination On request of the Secretary, the Secretary of the Interior shall provide the Secretary with such guidance and assistance as may be necessary to facilitate informing States and public child welfare agencies on how to comply with the Indian Child Welfare Act of 1978, including specific measures identified in State plans as required by section 422(b)(9) of this Act. (c) Biennial reports to Congress The Secretary shall biennially submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report on how— (1) the States are complying with the Indian Child Welfare Act of 1978 and section 422(b)(9) of this Act, as informed by data collected under this section; and (2) the Secretary is assisting States and Indian tribes to improve implementation of Federal standards established under the Indian Child Welfare Act of 1978. . (3) Reporting requirements; administrative costs (A) In general Section 428 ( 42 U.S.C. 628 ) is amended by redesignating subsection (c) as subsection (d) and inserting before such subsection the following: (b) Authority To streamline reporting requirements The Secretary shall, in consultation with the affected Indian tribes, modify any reporting requirement imposed by or under this part on an Indian tribe, tribal organization, or tribal consortium if the total of the amounts allotted to the Indian tribe, tribal organization, or tribal consortium under this part for the fiscal year is not more than $50,000, and in a manner that limits the administrative burden on any tribe to which not more than $50,000 is allotted under this subpart for the fiscal year. (c) Tribal authority To substitute the Federal negotiated indirect cost rate for administrative costs cap For purposes of sections 422(b)(14) and 424(e), an Indian tribal organization may elect to have the weighted average of the indirect cost rates in effect under part 220 of title 2, Code of Federal Regulations with respect to the administrative costs of the Indian tribal organization apply in lieu of the percentage specified in each such section. . (B) Conforming amendments Section 431(a) ( 42 U.S.C. 629a(a) ) is amended in each of paragraphs (5) and (6) by striking 428(c) and inserting 428(d) . (b) Subpart 2 (1) Tribal plan exemption Section 432(b)(2)(B) ( 42 U.S.C. 629b(b)(2)(B) ) is amended— (A) by striking section 433(a) the 1st place it appears and inserting sections 433(a) and 437(c)(1) combined ; and (B) by striking section 433(a) the 2nd place it appears and inserting such sections . (2) Application of tribal set-aside before other set-asides Section 436(b)(3) ( 42 U.S.C. 429f(b)(3) ) is amended by striking After applying paragraphs (4) and (5) (but before applying paragraphs (1) or (2)), the and inserting The . (3) Increase in funding for tribal court improvement program Section 438(c)(3) ( 42 U.S.C. 629h(c)(3) ) is amended by inserting for fiscal year 2025, and $2,000,000 for each of fiscal years 2026 through 2029, before for grants . 9. Accelerating access to Family First prevention services (a) In general Section 435 ( 42 U.S.C. 629e ) is amended by adding at the end the following: (f) Prevention services evaluation partnerships (1) Purpose The purpose of this subsection is to authorize the Secretary to make competitive grants to support the timely evaluation of— (A) services and programs described in section 471(e); or (B) kinship navigator programs described in section 474(a)(7). (2) Grants In accordance with applications approved under this subsection, the Secretary may make grants, on a competitive basis, to eligible entities to carry out projects designed to evaluate a service or program provided by the eligible entity, or an entity in partnership with the eligible entity, with respect to the requirements for a promising practice, supported practice, or well-supported practice described in section 471(e)(4)(C). (3) Applications (A) In general An eligible entity may apply to the Secretary for a grant under this subsection to carry out a project that meets the following requirements: (i) The project is designed in accordance with paragraph (2). (ii) The project is to be carried out by the applicant in partnership with— (I) a State agency that administers, or supervises the administration of, the State plan approved under part E, or an agency administering the plan under the supervision of the State agency; and (II) if the applicant is unable or unwilling to do so, at least 1 external evaluator to carry out the evaluation of the service or program provided by the applicant. (B) Contents The application shall contain the following: (i) A description of the project, including— (I) a statement explaining why a grant is necessary to carry out the project; and (II) the amount of grant funds that would be disbursed to each entity described in subparagraph (A)(ii) in partnership with the applicant. (ii) A certification from each entity described in subparagraph (A)(ii) that provides assurances that the individual or entity is in partnership with the applicant and will fulfill the responsibilities of the entity specified in the description provided pursuant to clause (i) of this subparagraph. (iii) A certification from the applicant that provides assurances that the applicant intends to comply with subparagraph (A)(ii)(II), if applicable. (iv) At the option of the eligible entity, a certification from the applicant that the applicant requires an external evaluator secured by the Secretary pursuant to paragraph (5), if applicable. (4) Priorities In approving applications under this subsection, the Secretary shall prioritize the following: (A) Addressing, with respect to the clearinghouse of practices described in section 476(d)(2), deficiencies or gaps identified by the Secretary in consultation with— (i) States, political subdivisions of a State, and tribal communities carrying out, or receiving the benefits of, a service or program; and (ii) child welfare experts, including individuals with lived experience. (B) Maximizing the number of evidence-based services or programs to be included in the clearinghouse of practices described in section 476(d)(2). (C) Timely completion of evaluations and the production of evidence. (D) Supporting services or programs that are based on, or are adaptations to new population settings of, a service or program with reliable evidence about the benefits and risks of the service or program. (5) Availability of external evaluators (A) In general Before accepting applications under this subsection, the Secretary shall make reasonable efforts to identify at least 1 entity to serve as an external evaluator for any eligible entity that includes a certification under paragraph (3)(B)(iv) with an application under this subsection. (B) No effect on consideration of application The Secretary may not consider whether an eligible entity is in partnership with an external evaluator described in paragraph (A) in approving an application under this subsection submitted by the eligible entity. (6) Reports (A) By grant recipients Within 1 year after receiving a grant under this subsection, and every year thereafter for the next 5 years, the grant recipient shall submit to the Secretary a written report on— (i) the use of grant funds; (ii) whether the program or service evaluated by the project meets a requirement specified in section 471(e)(4)(C), including information about— (I) how the program or service is being carried out in accordance with standards specified in the requirement; (II) any outcomes of the program or service; and (III) any outcome with respect to which the service or program compares favorably to a comparison practice; and (iii) whether the Secretary has included the program or service in an update to the clearinghouse of practices described in section 476(d)(2). (B) By the Secretary The Secretary shall submit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate an annual written report on— (i) the grants awarded under this subsection; (ii) the programs funded by the grants; (iii) any technical assistance provided by the Secretary in carrying out this subsection, including with respect to the efforts to secure external evaluators pursuant to paragraph (5); and (iv) any efforts by the Secretary to support program evaluation and review pursuant to section 471(e) and inclusion of programs in the pre-approved list of services and programs described in section 471(e)(4)(D) or the clearinghouse of practices described in section 476(d)(2). (7) Funding (A) Limitations Of the amounts available to carry out this subsection, the Secretary may use not more than 5 percent to provide technical assistance. (B) Carryover Amounts made available to carry out this subsection shall remain available until expended. (8) Definitions In this subsection: (A) Eligible entity The term eligible entity means any of the following providing a service or program or, in the sole determination of the Secretary, able to provide a service or program if awarded a grant under this subsection: (i) A State, a political subdivision of a State, or an agency or department of a State or political subdivision of a State. (ii) An entity described in subparagraph (A) or (B) of section 426(a)(1). (iii) An Indian tribe or tribal organization. (B) External evaluator The term external evaluator means an entity with the ability and willingness to evaluate a service or program pursuant to paragraph (2) that is not provided by the entity. (C) Service or program The term service or program — (i) means a service or program described in section 471(e); and (ii) includes a kinship navigator program described in section 474(a)(7). . (b) Funding Section 437(b) ( 42 U.S.C. 629g(b) ) is amended by adding at the end the following: (5) Preventive services evaluation partnerships The Secretary shall reserve $5,000,000 for grants under section 435(f) for each of fiscal years 2026 through 2029. . 10. Strengthening support for youth aging out of foster care (a) Caseworker visits Section 422(b)(17) ( 42 U.S.C. 622(b)(17) ) is amended by inserting , and include a description of how the State may offer virtual caseworker visits to youth in care who have attained the age of 18 years and provided informed consent for virtual visits before the semicolon. (b) Youth and family engagement in child welfare program planning Section 432(b)(1) ( 42 U.S.C. 629b(b)(1) ) is amended to read as follows: (1) In general The Secretary shall approve a plan that meets the requirements of subsection (a) only if— (A) the plan was developed jointly by the Secretary and the State, and the State, in developing the plan, consulted with— (i) appropriate public and nonprofit private agencies; (ii) community-based organizations involved in providing services for children and families in the areas of family preservation, family support, family reunification, foster care, kinship, and adoption promotion and support; (iii) parents with child welfare experience, foster parents, adoptive parents, and kinship caregivers; and (iv) children, youth, and young adults with experience in the child welfare system, including State boards and councils comprised of youth with lived experience who represent the diversity of children in the State to whom the plan would apply; and (B) the State has made publicly accessible on a website of the State agency a report that outlines how the State has implemented the suggestions of the children and youth referred to in subparagraph (A)(iv). . 11. Recognizing the importance of relative and kinship caregivers (a) In general Section 431(a) ( 42 U.S.C. 629a(a) ), as amended by section 7(b)(2) of this Act, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A)— (i) by striking children and inserting children, youth, ; and (ii) by striking adoptive and extended and inserting kinship and adoptive ; (B) in subparagraph (D), by striking parents and other caregivers (including foster parents) and inserting parents, kinship caregivers, and foster parents ; (C) by striking and at the end of subparagraph (E); (D) by striking the period at the end of subparagraph (F) and inserting ; and ; and (E) by adding at the end the following: (G) (i) peer-to-peer mentoring and support programs with demonstrated experience fostering constructive relationships between children and families and mentors with relevant lived experience or interactions with the child welfare system; and (ii) for purposes of this subpart, an expenditure for a service described in clause (i) may be treated as an expenditure for any 1 or more of family support services, family preservation services, family reunification services, or adoption promotion and support services, as long as the expenditure is related to serving the children and families in the specified category and consistent with the overall purpose of the category. ; (2) in paragraph (2)(B)— (A) in clause (i), by striking children and inserting children, youth, ; and (B) in clause (ii), by striking extended and inserting kinship ; (3) in paragraph (7)(A), by inserting with kinship caregivers or before in a foster family home ; and (4) by adding at the end the following: (11) Youth The term youth means an individual who has not attained 26 years of age. . (b) Kinship navigators (1) In general Section 427 ( 42 U.S.C. 627 ) is amended— (A) in the section heading, by striking Family connection grants and inserting Kinship navigators ; (B) in subsection (a)— (i) in the matter preceding paragraph (1), by striking helping and inserting administering programs to help ; (ii) by striking of— and all that follows through a kinship and inserting of a kinship ; (iii) in paragraph (1)(C)— (I) by striking and at the end of clause (iii); (II) by adding and at the end of clause (iv); and (III) by adding at the end the following: (v) connections to individualized assistance, as needed; ; (iv) by striking paragraphs (2) through (4); (v) by redesignating subparagraphs (A) through (G) of paragraph (1) as paragraphs (1) through (7), respectively; (vi) by redesignating clauses (i) through (iv) and clause (v) (as added by clause (iii)(III) of this subparagraph) as subparagraphs (A) through (E), respectively; (vii) by moving each provision so redesignated 2 ems to the left; and (viii) by striking caregiving; and inserting caregiving. ; (C) in subsection (b)— (i) in paragraph (1), by striking 1 or more of ; (ii) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and inserting after paragraph (2) the following: (3) a description of how the entity will directly fund, or provide data to the Secretary for, an evaluation which will publish and submit information to the clearinghouse described in section 476(d)(2) and which is designed to meet the requirements of section 471(e)(4)(C), or a description of how the funds will be used to help the State transition to a program for which the State will seek reimbursement under section 474(a)(7); ; (iii) in paragraph (4) (as so redesignated), by striking and at the end; (iv) in paragraph (5) (as so redesignated), by striking the period and inserting ; and ; and (v) by adding at the end the following: (6) if the entity is a State, local or tribal child welfare agency— (A) documentation of support from a relevant community-based organization with experience serving kinship families when applicable; or (B) a description of how the organization plans to coordinate its services and activities with those offered by the relevant community-based organizations. ; (D) by striking subsection (d) and inserting the following: (d) Federal share An entity to which a grant is made under this section may use the grant to pay not more than 75 percent of the cost of the activities to be carried out by the entity pursuant to this section. ; (E) in subsection (g)— (i) by striking all that precedes 2 percent and inserting the following: (g) Reservation of funds for technical assistance The Secretary may reserve ; and (ii) by striking subsection (h) the 2nd place it appears and inserting section 437(b)(6) ; and (F) by striking subsection (h). (2) Reservation of discretionary funds Section 437(b) ( 42 U.S.C. 629g(b) ), as amended by section 9(b) of this Act, is amended by adding at the end the following: (6) Kinship navigators The Secretary shall reserve $10,000,000 for grants under section 427 for each of fiscal years 2026 through 2029. . (3) Conforming amendment Section 474(a)(7) ( 42 U.S.C. 674(a)(7) ) is amended by striking 427(a)(1) and inserting 427(a) . 12. Avoiding neglect by addressing poverty (a) Family preservation services Section 431(a)(1) ( 42 U.S.C. 629a(a)(1) ), as amended by section 11(a)(1) of this Act, is amended— (1) in subparagraph (F), by striking and after the semicolon; (2) in subparagraph (G), by striking the period and inserting ; and ; and (3) by adding at the end the following: (H) (i) services providing nonrecurring short term benefits (including supports related to housing instability, utilities, transportation, and food assistance, among other basic needs) that address immediate needs related to a specific crisis, situation, or event affecting the ability of a child to remain in a home established for the child that is not intended to meet an ongoing need; and (ii) for purposes of this subpart, an expenditure for a service described in clause (i) may be treated as an expenditure for any 1 or more of family support services, family preservation services, family reunification services, or adoption promotion and support services as long as the expenditure is related to serving the children and families in the specified category and consistent with the overall purpose of the category. . (b) State plan requirements Section 432(a) ( 42 U.S.C. 629b(a) ) is amended— (1) in paragraph (9), by striking and after the semicolon; (2) in paragraph (10), by striking the period and inserting ; and ; and (3) by adding at the end the following: (11) provides a description of policies in place, including training for employees, to address child welfare reports and investigations of neglect concerning the living arrangements or subsistence needs of a child with the goal to prevent the separation of a child from a parent of the child solely due to poverty, to ensure access to services described in section 431(a)(1)(H). . 13. Strengthening support for caseworkers (a) Reauthorization of, and increase in funding for, caseworker visits Section 436(b)(4)(A) ( 42 U.S.C. 629f(b)(4)(A) ) is amended by striking each of fiscal years 2017 through 2023 and inserting fiscal year 2025 and $26,000,000 for fiscal year 2026 and each succeeding fiscal year . (b) Minimum grant amount Section 433(e) ( 42 U.S.C. 629c(e) ) is amended by striking paragraphs (1) and (2) and inserting the following: (1) Base allotment From the amount reserved pursuant to section 436(b)(4)(A) for any fiscal year, the Secretary shall first allot to each State (other than an Indian tribe) that has provided to the Secretary such documentation as may be necessary to verify that the jurisdiction has complied with section 436(b)(4)(B)(ii) during the fiscal year, a base allotment of $100,000, and shall then allot to each of those States an amount determined in paragraph (2) or (3) of this subsection, as applicable. (2) Territories From the amount reserved pursuant to section 436(b)(4)(A) for any fiscal year that remains after applying paragraph (1) of this subsection for the fiscal year, the Secretary shall allot to each jurisdiction specified in subsection (b) of this section to which a base allotment is made under such paragraph (1) an amount determined in the same manner as the allotment to each of such jurisdictions is determined under section 423 (without regard to the initial allotment of $70,000 to each State). (3) Other States From the amount reserved pursuant to section 436(b)(4)(A) for any fiscal year that remains after applying paragraphs (1) and (2) of this subsection for the fiscal year, the Secretary shall allot to each State (other than an Indian tribe) not specified in subsection (b) of this section to which a base allotment was made under paragraph (1) of this subsection an amount equal to such remaining amount multiplied by the supplemental nutrition assistance program benefits percentage of the State (as defined in subsection (c)(2) of this section) for the fiscal year, except that in applying subsection (c)(2)(A) of this section, subsection (e)(3) shall be substituted for such paragraph (1) . . (c) Requirement To use funds To improve quality of caseworker visits with foster children Section 436(b)(4)(B)(i) ( 42 U.S.C. 629f(b)(4)(B)(i) ) is amended to read as follows: (i) In general A State to which an amount is paid from amounts reserved under subparagraph (A) shall use the amount to improve the quality of monthly caseworker visits with children who are in foster care under the responsibility of the State, with an emphasis on— (I) reducing caseload ratios and the administrative burden on caseworkers, to improve caseworker decision making on the safety, permanency, and well-being of foster children and on activities designed to increase retention, recruitment, and training of caseworkers; (II) implementing technology solutions to streamline caseworker duties and modernize systems, ensuring improved efficiency and effectiveness in child welfare services; (III) improving caseworker safety; (IV) mental health resources to support caseworker well-being, including peer-to-peer support programs; and (V) recruitment campaigns aimed at attracting qualified caseworker candidates. . (d) Elimination of cost-Share penalty tied to monthly caseworker visit standard Section 424(f) ( 42 U.S.C. 624(f) ) is amended— (1) by striking (1)(A) ; and (2) by striking paragraphs (1)(B) and (2). 14. Demonstration projects for improving relationships between incarcerated parents and children in foster care (a) In general Section 439 ( 42 U.S.C. 629i ) is amended to read as follows: 439. State partnership planning and demonstration grants to support meaningful relationships between foster children and the incarcerated parents of the children (a) Authority (1) In general The Secretary may make demonstration grants to eligible State partnerships to develop, implement, and provide support for programs that enable and sustain meaningful relationships between covered foster children and the incarcerated parents of the children. (2) Payment of annual installments The Secretary shall pay each demonstration grant in 5 annual installments. (3) 1 -year planning grants The Secretary may make a planning grant to a recipient of a demonstration grant, to be paid to the recipient 1 year before payment of the 1st annual installment of the demonstration grant and in an amount not greater than any installment of the demonstration grant, if— (A) the recipient includes a request for a planning grant in the application under subsection (c); and (B) the Secretary determines that a planning grant would assist the recipient and improve the effectiveness of the demonstration grant. (b) Eligible State partnership defined (1) In general In this section, the term eligible State partnership means an agreement entered into by, at a minimum, the following: (A) The State child welfare agency responsible for the administration of the State plans under this part. (B) The State agency responsible for adult corrections. (2) Additional partners For purposes of this section, an eligible State partnership may include any entity with experience in serving incarcerated parents and their children. (3) Partnerships entered into by Indian Tribes or tribal consortia Notwithstanding paragraph (1), if an Indian tribe or tribal consortium enters into a partnership pursuant to this section that does not consist solely of tribal child welfare agencies (or a consortium of the agencies), the partnership shall be considered an eligible State partnership for purposes of this section. (c) Application requirements An eligible State partnership seeking a demonstration grant under this section to carry out a program described in subsection (a)(1) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The application shall include the following: (1) A summary of the program, including how the program will support a meaningful relationship between a covered foster child and an incarcerated parent of the child. (2) A description of the activities to be carried out by the program, which must include all of the activities described in subsection (d) that are in the best interest of the covered foster child. (3) A framework for identifying— (A) each covered foster child eligible for services under the program, including, to the extent practicable, coordination of data between relevant State child welfare agencies and court systems; and (B) the roles and responsibilities of the entities in the partnership. (4) Documentation that the applicant is an eligible State partnership. (5) Assurances that the applicant will participate fully in the evaluation described in subsection (f)(2) and shall maintain records for the program, including demographic information disaggregated by relevant characteristics with respect to covered foster children and incarcerated parents who participate in the program. (d) Program activities To the extent that the activities are in the best interest of the covered foster child, the activities referred to in subsection (c)(2) shall include the following: (1) Revision of policies Through consultation with incarcerated parents and their families, grantees shall promote organizational policies of participating child welfare entities and collaborating correctional facilities to promote meaningful relationships through regular and developmentally appropriate communication and visitation between covered foster children and the incarcerated parents, including, when appropriate, the following: (A) For child welfare entities— (i) inclusion of parents in case planning and decision making for children; (ii) regular sharing of information and responses to requests for information between caseworkers and incarcerated parents with respect to the case information of a child, any changes to a case, permanency plans, requirements to maintain parental rights, and any efforts to terminate parental rights; (iii) appropriate opportunities for incarcerated parents to demonstrate their relationship with a covered foster child given their incarceration, including training and courses required for a service plan; and (iv) the enhanced visitation described in paragraph (2). (B) For correctional facilities, fostering visitation and communication that is developmentally appropriate in terms of— (i) the nature of communication and visitation, including— (I) the ability to physically touch parents; (II) engaging with parents in locations that are appropriate for the age and development of the child; (III) exchanging items that are appropriate to the age and development of the child, include expectations that are appropriate for the age and development of the child related to behavior, attire, and wait times; and (IV) allowing appropriate adults to bring children if legal guardians are not available to promote regular contact; (ii) reasonable inclusion of all children of the parent; (iii) communication and visitation at times when the children are available; (iv) security procedures to comfort children and be minimally invasive; and (v) promoting parent-child relationships regardless of the sentence imposed on the parent. (2) Enhanced visitation (A) Grantees shall facilitate weekly communication and, for at least 9 days each year, in-person visitation between a covered foster child and any incarcerated parent of the child. (B) Electronic visitation (such as live video visits, phone calls, and recorded books) may be used but shall not be the sole method to promote a meaningful relationship for purposes of the grant. (C) Enhanced visitation programs shall— (i) integrate best practices for visitation programs with incarcerated parents and their children; (ii) adopt developmentally appropriate visitation policies and procedures such as those described in paragraph (1)(B); (iii) reduce or eliminate the cost of developmentally appropriate communication and visitation for the covered foster child, which may include the purchase of communication technology, covering transportation, insurance, and lodging costs, costs related to providing appropriate visitation spaces and activities, and other relevant costs; (iv) to the extent practicable, integrate appropriate parenting education to help prepare and process visits; and (v) avoid restricting visitation and communication as a punishment for the incarcerated parents. (3) Training Grantees shall incorporate ongoing training for child welfare workers, correctional facility staff, and other program providers to understand the importance of promoting meaningful relationships between children and incarcerated parents. (4) Case management Grantees shall provide case management services for the incarcerated parents of a covered foster child to promote the relationship, access to services, and coordination with the caseworkers of the covered foster child to strengthen the relationship. (5) Legal assistance Grantees shall facilitate access to necessary legal services and may use grant funds for services that are not reimbursable under other Federal programs. (e) Federal share The Federal share of the cost of any activity carried out using a grant made under this section shall be not greater than 75 percent. (f) Technical assistance, evaluations, and reports (1) Technical assistance The Secretary shall provide technical assistance with respect to grants under this section, including by— (A) assisting grantees in understanding best practices in promoting meaningful relationships between incarcerated parents and their children as well as consulting with appropriate stakeholders when developing their programs; (B) assisting grantees with establishing and analyzing implementation and performance indicators; and (C) conducting an annual technical assistance and training meeting and an annual grantee meeting so that grantees can learn from the experiences of other grantees. (2) Evaluations The Secretary shall conduct an evaluation of program outcomes, including with respect to parent and child well-being, parent-child interactions, parental involvement, awareness of child development and parenting practices, placement stability, and termination of parental rights with respect to covered foster children and incarcerated parents, to measure program effectiveness, as determined by the Secretary, and identify opportunities for improved program practices and implementation. (3) Reports to the Congress (A) Initial report Not later than 3 years after the date of the enactment of this section, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report that includes— (i) the number of applications for grants under this section; (ii) the number of grants awarded, and the amounts for each grant; and (iii) information on the grants, including— (I) interim results of the evaluation described in paragraph (2); (II) disaggregated data on covered foster children and incarcerated parents; (III) information on the composition of eligible State partnerships; (IV) best practices for facilitating meaningful relationships between covered foster children and incarcerated parents; and (V) barriers to implementation or expansion of programs funded under this section. (B) Final report Not later than 6 years after the date of the enactment of this section, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report that includes— (i) the final results of the evaluation described in paragraph (2); and (ii) recommendations for refinements to grant requirements to improve program outcomes. (g) Authority of Secretary with respect to Indian tribes and tribal organizations (1) Waiver or modification of requirements In making a grant to an Indian tribe or tribal organization under this section, the Secretary may waive the matching requirement of subsection (e) or modify an application requirement imposed by or under subsection (c) if the Secretary determines that the waiver or modification is appropriate to the needs, culture, and circumstances of the Indian tribe or tribal organization. (2) Evaluation The Secretary shall use tribally relevant data in carrying out the evaluation under subsection (f)(2) with respect to an Indian tribe or tribal organization. (h) Limitations on authorization of appropriations There is authorized to be appropriated to the Secretary not more than $35,000,000 for each of fiscal years 2026 through 2029 to carry out this section. (i) Definition of covered foster child In this section, the term covered foster child means a child that— (1) is in foster care; and (2) has at least 1 parent incarcerated in a Federal, State, or local correctional facility. . (b) Conforming amendments (1) Section 431(a)(2)(B)(vii) ( 42 U.S.C. 629a(a)(2)(B)(vii) ) is amended by striking (as defined in section 439(b)(2)) . (2) Section 431(a) ( 42 U.S.C. 629a(a) ), as amended by sections 7(b)(2) and 11(a)(4) of this Act, is amended by adding at the end the following: (12) Mentoring The term mentoring means a structured, managed program in which children are appropriately matched with screened and trained adult volunteers for one on-one relationships, involving meetings and activities on a regular basis, intended to meet, in part, the child’s need for involvement with a caring and supportive adult who provides a positive role model. . 15. Guidance to States on improving data collection and reporting for youth in residential treatment programs Within 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the Department of Education, the Administration for Children and Families, the Centers for Medicare and Medicaid Services, the Administration for Community Living, the Department of Justice, and other relevant policy experts, as determined by the Secretary, shall issue and disseminate, or update and revise, as applicable, guidance to State agencies in administering State plans approved under parts B and E of title IV of the Social Security Act on the following: (1) Best practices for Federal and State agencies to collect data and share information related to the well-being of youth residing in residential treatment facilities, including those facilities operating in multiple States or serving out-of-state youth. (2) Best practices on improving State collection and sharing of data related to incidences of maltreatment of youth residing in residential treatment facilities, including with respect to meeting the requirement of section 471(a)(9)(A) of such Act for such youth in foster care. (3) Best practices on improving oversight of youth residential programs receiving Federal funding, and research-based strategies for risk assessment related to the health, safety, and well-being of youth in the facilities. 16. Streamlining research, training, and technical assistance funding (a) Repurposing discretionary research set-Aside Section 435(c) ( 42 U.S.C. 629e(c) ) is amended to read as follows: (c) Evaluation, research, and technical assistance with respect to targeted program resources Of the amount reserved under section 437(b)(1) for a fiscal year, the Secretary shall use not less than— (1) $1,000,000 for technical assistance to grantees under section 437(f) and to support design of local site evaluations with the goal of publishing and submitting evaluation findings to the clearinghouse established under section 476(d), or to award grants to allow current or former grantees under section 437(f) to analyze, publish, and submit to the clearinghouse data collected during past grants; and (2) $1,000,000 for technical assistance required under section 429B of this Act to support effective implementation of the Indian Child Welfare Act of 1978 and to support development of associated State plan measures described pursuant to section 422(b)(9) of this Act. . (b) Elimination of research set-Aside from mandatory funds (1) In general Section 436(b) ( 42 U.S.C. 629f(b) ), as amended by the preceding provisions of this Act, is amended by striking paragraph (1) and redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively. (2) Conforming amendments (A) Section 433(a) ( 42 U.S.C. 629c(a) ) is amended by striking 436(b)(3) and inserting 436(b)(2) . (B) Section 433(e) ( 42 U.S.C. 629c(e) ), as amended by section 13(b) of this Act, is amended by striking 436(b)(4)(A) and inserting 436(b)(3)(A) each place it appears. (C) Section 434(a)(2)(A) ( 42 U.S.C. 629d(a)(2)(A) ) is amended by striking 436(b)(4)(B) and inserting 436(b)(3)(B) . (D) Section 437(b)(1) ( 42 U.S.C. 629g(b)(1) ) is amended by striking 436(b)(1) and inserting 435 . (E) Section 437(f)(3) ( 42 U.S.C. 629g(f)(3) ) is amended by striking 436(b)(5) and inserting 436(b)(4) . (F) Section 438(c) ( 42 U.S.C. 629g(c) ) is amended in each of paragraphs (1) through (3) is amended by striking 436(b)(2) and inserting 436(b)(1) . 17. Report on post adoption and subsidized guardianship services (a) In general Within 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall prepare and submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on children who enter into foster care under the supervision of a State administering a plan approved under part B or E of title IV of the Social Security Act after finalization of an adoption or legal guardianship. (b) Information The Secretary shall include in the report information, to the extent available through the Adoption and Foster Care Analysis and Reporting System and other data sources, regarding the incidence of adoption disruption and dissolution affecting children described in subsection (a) and factors associated with such circumstances, including— (1) whether affected individuals received pre- or post-legal adoption services; and (2) other relevant information, such as the age of the child involved. (c) Post-Adoption services and guardianship The Secretary shall include in the report— (1) a summary of post-adoption services and guardianship in each State that are available to families that adopted children from foster care and the extent to which the services are evidence-based or evidence-informed; and (2) a summary of funding and funding sources for the services in each State, including set-asides under the Promoting Safe and Stable Families program. 18. Effective date (a) In general The amendments made by this Act shall take effect on October 1, 2025, and shall apply to payments under part B of title IV of the Social Security Act for calendar quarters beginning on or after such date. (b) Delay permitted if State legislation required If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part B of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. (c) Application to programs operated by Indian tribal organizations In the case of an Indian tribe, tribal organization, or tribal consortium that the Secretary of Health and Human Services determines requires time to take action necessary to comply with the additional requirements imposed by the amendments made by this Act (whether the tribe, organization, or tribal consortium has a plan under section 479B of the Social Security Act or a cooperative agreement or contract entered into with a State), the Secretary shall provide the tribe, organization, or tribal consortium with such additional time as the Secretary determines is necessary for the tribe, organization, or tribal consortium to take the action to comply with the additional requirements before being regarded as failing to comply with the requirements.