Child and Family Services Improvement Act of 2006
PL 109-288 (S.3525), enacted 09/28/2006

120 STAT. 1233
PUBLIC LAW 109–288—SEPT. 28, 2006
Public Law 109–288
109th Congress
An Act
To amend part B of title IV of the Social Security Act to reauthorize the promoting
safe and stable families program, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Child and Family Services
Improvement Act of 2006’’.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) For Federal fiscal year 2004, child protective services
(CPS) staff nationwide reported investigating or assessing an
estimated 3,000,000 allegations of child maltreatment, and
determined that 872,000 children had been abused or neglected
by their parents or other caregivers.
(2) Combined, the Child Welfare Services (CWS) and Pro-
moting Safe and Stable Families (PSSF) programs provide
States about $700,000,000 per year, the largest source of tar-
geted Federal funding in the child protection system for services
to ensure that children are not abused or neglected and, when-
ever possible, help children remain safely with their families.
(3) A 2003 report by the Government Accountability Office
(GAO) reported that little research is available on the effective-
ness of activities supported by CWS funds—evaluations of serv-
ices supported by PSSF funds have generally shown little or
no effect.
(4) Further, the Department of Health and Human Services
recently completed initial Child and Family Service Reviews
(CFSRs) in each State. No State was in full compliance with
all measures of the CFSRs. The CFSRs also revealed that
States need to work to prevent repeat abuse and neglect of
children, improve services provided to families to reduce the
risk of future harm (including by better monitoring the partici-
pation of families in services), and strengthen upfront services
provided to families to prevent unnecessary family break-up
and protect children who remain at home.
(5) Federal policy should encourage States to invest their
CWS and PSSF funds in services that promote and protect
the welfare of children, support strong, healthy families, and
reduce the reliance on out-of-home care, which will help ensure
all children are raised in safe, loving families.
(6) CFSRs also found a strong correlation between frequent
caseworker visits with children and positive outcomes for these
Child and
Family Services
Improvement Act
of 2006.
Inter-
governmental
relations.
42 USC 1305
note.
42 USC 621 note.
Sept. 28, 2006
[S. 3525]
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children, such as timely achievement of permanency and other
indicators of child well-being.
(7) However, a December 2005 report by the Department
of Health and Human Services Office of Inspector General
found that only 20 States were able to produce reports to
show whether caseworkers actually visited children in foster
care on at least a monthly basis, despite the fact that nearly
all States had written standards suggesting monthly visits
were State policy.
(8) A 2003 GAO report found that the average tenure
for a child welfare caseworker is less than 2 years and this
level of turnover negatively affects safety and permanency for
children.
(9) Targeting CWS and PSSF funds to ensure children
in foster care are visited on at least a monthly basis will
promote better outcomes for vulnerable children, including by
preventing further abuse and neglect.
(10) According to the Office of Applied Studies of the Sub-
stance Abuse and Mental Health Services Administration, the
annual number of new uses of Methamphetamine, also known
as ‘‘meth,’’ has increased 72 percent over the past decade.
According to a study conducted by the National Association
of Counties which surveyed 500 county law enforcement agen-
cies in 45 states, 88 percent of the agencies surveyed reported
increases in meth related arrests starting 5 years ago.
(11) According to the 2004 National Survey on Drug Use
and Health, nearly 12,000,000 Americans have tried meth-
amphetamine. Meth making operations have been uncovered
in all 50 states, but the most wide-spread abuse has been
concentrated in the western, southwestern, and Midwestern
United States.
(12) Methamphetamine abuse is on the increase, particu-
larly among women of child-bearing age. This is having an
impact on child welfare systems in many States. According
to a survey administered by the National Association of Coun-
ties (‘‘The Impact of Meth on Children’’), conducted in 300
counties in 13 states, meth is a major cause of child abuse
and neglect. Forty percent of all the child welfare officials
in the survey reported an increase in out-of-home placements
because of meth in 2005.
(13) It is appropriate also to target PSSF funds to address
this issue because of the unique strain the meth epidemic
puts on child welfare agencies. Outcomes for children affected
by meth are enhanced when services provided by law enforce-
ment, child welfare and substance abuse agencies are
integrated.
SEC. 3. REAUTHORIZATION OF THE PROMOTING SAFE AND STABLE
FAMILIES PROGRAM.
(a) FUNDING OF MANDATORY GRANTS AT $345 MILLION PER
FISCAL YEAR.—Effective October 1, 2006, section 436(a) of the Social
Security Act (42 U.S.C. 629f(a)) is amended by striking ‘‘fiscal
year 2006.’’ and all that follows and inserting ‘‘each of fiscal years
2007 through 2011’’.
(b) FUNDING
OF DISCRETIONARY GRANTS.—Section 437(a) of
such Act (42 U.S.C. 629g(a)) is amended by striking ‘‘2002 through
2006’’ and inserting ‘‘2007 through 2011’’.
Effective date.
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PUBLIC LAW 109–288—SEPT. 28, 2006
(c) AVAILABILITY OF PROMOTING SAFE AND STABLE FAMILIES
RESOURCES FOR FISCAL YEAR 2006.—
(1) APPROPRIATION.—Out of any money in the Treasury
of the United States not otherwise appropriated, there are
appropriated to the Secretary of Health and Human Services
$40,000,000 for fiscal year 2006 to carry out section 436 of
the Social Security Act, in addition to any amount otherwise
made available for fiscal year 2006 to carry out such section.
(2) AVAILABILITY
OF
FUNDS.—Notwithstanding sections
434(b)(2) and 436(b)(3) of such Act, the amount appropriated
under paragraph (1) of this subsection—
(A) shall remain available for expenditure through
fiscal year 2009 solely for the purpose described in section
436(b)(4)(B)(i) of such Act;
(B) shall not be used to supplant any Federal funds
paid under part E of title IV of such Act that could be
used for that purpose; and
(C) shall not be made available to any Indian tribe
or tribal consortium.
(d) ELIMINATION OF FINDINGS.—Section 430 of such Act (42
U.S.C. 629) is amended by striking all through ‘‘(b) PURPOSE.—
The purpose’’ and inserting the following:
‘‘SEC. 430. PURPOSE.
‘‘The purpose’’.
(e) ANNUAL BUDGET REQUESTS, SUMMARIES, AND EXPENDITURE
REPORTS.—
(1) IN GENERAL.—Section 432(a)(8) of such Act (42 U.S.C.
629b(a)(8)) is amended—
(A) by inserting ‘‘(A)’’ after ‘‘(8)’’; and
(B) by adding at the end the following:
‘‘(B) provides that, not later than June 30 of each year,
the State will submit to the Secretary—
‘‘(i) copies of forms CFS 101–Part I and CFS 101–
Part II (or any successor forms) that report on planned
child and family services expenditures by the agency for
the immediately succeeding fiscal year; and
‘‘(ii) copies of forms CFS 101–Part I and CFS 101–
Part II (or any successor forms) that provide, with respect
to the programs authorized under this subpart and subpart
1 and, at State option, other programs included on such
forms, for the most recent preceding fiscal year for which
reporting of actual expenditures is complete—
‘‘(I) the numbers of families and of children served
by the State agency;
‘‘(II) the population served by the State agency;
‘‘(III) the geographic areas served by the State
agency; and
‘‘(IV) the actual expenditures of funds provided
to the State agency; and’’.
(2) ANNUAL SUBMISSION OF STATE REPORTS TO CONGRESS.—
Section 432 of such Act (42 U.S.C. 629b) is amended by adding
at the end the following:
‘‘(c) ANNUAL SUBMISSION OF STATE REPORTS TO CONGRESS.—
The Secretary shall compile the reports required under subsection
(a)(8)(B) and, not later than September 30 of each year, submit
such compilation to the Committee on Ways and Means of the
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House of Representatives and the Committee on Finance of the
Senate.’’.
(3) EFFECTIVE DATE; INITIAL DEADLINES FOR SUBMISSIONS.—
The amendments made by this subsection take effect on the
date of enactment of this Act. Each State with an approved
plan under subpart 1 or 2 of part B of title IV of the Social
Security Act shall make its initial submission of the forms
required under section 432(a)(8)(B) of the Social Security Act
to the Secretary of Health and Human Services by June 30,
2007, and the Secretary of Health and Human Services shall
submit the first compilation required under section 432(c) of
the Social Security Act by September 30, 2007.
(f) LIMITATION
ON ADMINISTRATIVE COST REIMBURSEMENT.—
(1) IN GENERAL.—Section 434 of such Act (42 U.S.C. 629d)
is amended—
(A) in subsection (a), by inserting ‘‘, subject to sub-
section (d),’’ after ‘‘shall’’; and
(B) by adding at the end the following:
‘‘(d) LIMITATION
ON
REIMBURSEMENT
FOR
ADMINISTRATIVE
COSTS.—The Secretary shall not make a payment to a State under
this section with respect to expenditures for administrative costs
during a fiscal year, to the extent that the total amount of the
expenditures exceeds 10 percent of the total expenditures of the
State during the fiscal year under the State plan approved under
section 432.’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall apply to expenditures made on or after October 1,
2007.
SEC. 4. TARGETING OF PROMOTING SAFE AND STABLE FAMILIES PRO-
GRAM RESOURCES.
(a) SUPPORT FOR MONTHLY CASEWORKER VISITS.—
(1) RESERVATION AND USE OF FUNDS.—Section 436(b) of
the Social Security Act (42 U.S.C. 629f(b)) is amended by adding
at the end the following:
‘‘(4) SUPPORT FOR MONTHLY CASEWORKER VISITS.—
‘‘(A) RESERVATION.—The Secretary shall reserve for
allotment in accordance with section 433(e)—
‘‘(i) $5,000,000 for fiscal year 2008;
‘‘(ii) $10,000,000 for fiscal year 2009; and
‘‘(iii) $20,000,000 for each of fiscal years 2010 and
2011.
‘‘(B) USE OF FUNDS.—
‘‘(i) IN
GENERAL.—A State to which an amount
is paid from amounts reserved under subparagraph
(A) shall use the amount to support monthly case-
worker visits with children who are in foster care
under the responsibility of the State, with a primary
emphasis on activities designed to improve caseworker
retention, recruitment, training, and ability to access
the benefits of technology.
‘‘(ii) NONSUPPLANTATION.—A State to which an
amount is paid from amounts reserved pursuant to
subparagraph (A) shall not use the amount to supplant
any Federal funds paid to the State under part E
that could be used as described in clause (i).’’.
42 USC 629d
note.
42 USC 629b
note.
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PUBLIC LAW 109–288—SEPT. 28, 2006
(2) ALLOTMENT OF FUNDS.—Section 433 of such Act (42
U.S.C. 629c) is amended—
(A) in subsection (d), by inserting ‘‘subsection (a), (b),
or (c) of’’ before ‘‘this section’’ the 1st and 2nd places it
appears; and
(B) by adding at the end the following:
‘‘(e) ALLOTMENT OF FUNDS RESERVED TO SUPPORT MONTHLY
CASEWORKER VISITS.—
‘‘(1) TERRITORIES.—From the amount reserved pursuant
to section 436(b)(4)(A) for any fiscal year, the Secretary shall
allot to each jurisdiction specified in subsection (b) of this
section, 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, 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).
‘‘(2) OTHER STATES.—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 State (other than an Indian
tribe) not specified in subsection (b) of this section, that has
provided to the Secretary such documentation as may be nec-
essary to verify that the State has complied with section
436(b)(4)(B)(ii) during the fiscal year, an amount equal to such
remaining amount multiplied by the food stamp 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)(2)’ shall be substituted for ‘such
paragraph (1)’.’’.
(3) PAYMENTS TO STATES.—Section 434(a) of such Act (42
U.S.C. 629d(a)), as amended by section 3(f)(1) of this Act, is
amended by striking ‘‘the lesser of—’’ and all that follows
and inserting the following: ‘‘the sum of—
‘‘(1) the lesser of—
‘‘(A) 75 percent of the total expenditures by the State
for activities under the plan during the fiscal year or the
immediately succeeding fiscal year; or
‘‘(B) the allotment of the State under subsection (a),
(b), or (c) of section 433, whichever is applicable, for the
fiscal year; and
‘‘(2) the lesser of—
‘‘(A) 75 percent of the total expenditures by the State
in accordance with section 436(b)(4)(B) during the fiscal
year or the immediately succeeding fiscal year; or
‘‘(B) the allotment of the State under section 433(e)
for the fiscal year.’’.
(b) SUPPORT FOR TARGETED GRANTS TO INCREASE THE WELL
BEING OF, AND TO IMPROVE THE PERMANENCY OUTCOMES FOR, CHIL-
DREN AFFECTED
BY METHAMPHETAMINE
OR OTHER SUBSTANCE
ABUSE.—
(1) RESERVATION OF FUNDS.—Section 436(b) of such Act
(42 U.S.C. 629f(b)), as amended by subsection (a)(1) of this
section, is amended by adding at the end the following:
‘‘(5) REGIONAL PARTNERSHIP GRANTS.—The Secretary shall
reserve for awarding grants under section 437(f)—
‘‘(A) $40,000,000 for fiscal year 2007;
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‘‘(B) $35,000,000 for fiscal year 2008;
‘‘(C) $30,000,000 for fiscal year 2009; and
‘‘(D) $20,000,000 for each of fiscal years 2010 and
2011.’’.
(2) TARGETED GRANTS.—
(A) IN GENERAL.—Section 437 of such Act (42 U.S.C.
629g) is amended by adding at the end the following:
‘‘(f) TARGETED GRANTS TO INCREASE THE WELL-BEING OF, AND
TO IMPROVE THE PERMANENCY OUTCOMES FOR, CHILDREN AFFECTED
BY METHAMPHETAMINE OR OTHER SUBSTANCE ABUSE.—
‘‘(1) PURPOSE.—The purpose of this subsection is to
authorize the Secretary to make competitive grants to regional
partnerships to provide, through interagency collaboration and
integration of programs and services, services and activities
that are designed to increase the well-being of, improve perma-
nency outcomes for, and enhance the safety of children who
are in an out-of-home placement or are at risk of being placed
in an out-of-home placement as a result of a parent’s or care-
taker’s methamphetamine or other substance abuse.
‘‘(2) REGIONAL PARTNERSHIP DEFINED.—
‘‘(A) IN GENERAL.—In this subsection, the term ‘regional
partnership’ means a collaborative agreement (which may
be established on an interstate or intrastate basis) entered
into by at least 2 of the following:
‘‘(i) The State child welfare agency that is respon-
sible for the administration of the State plan under
this part and part E.
‘‘(ii) The State agency responsible for admin-
istering the substance abuse prevention and treatment
block grant provided under subpart II of part B of
title XIX of the Public Health Service Act.
‘‘(iii) An Indian tribe or tribal consortium.
‘‘(iv) Nonprofit child welfare service providers.
‘‘(v) For-profit child welfare service providers.
‘‘(vi) Community health service providers.
‘‘(vii) Community mental health providers.
‘‘(viii) Local law enforcement agencies.
‘‘(ix) Judges and court personnel.
‘‘(x) Juvenile justice officials.
‘‘(xi) School personnel.
‘‘(xii) Tribal child welfare agencies (or a consortia
of such agencies).
‘‘(xiii) Any other providers, agencies, personnel,
officials, or entities that are related to the provision
of child and family services under this subpart.
‘‘(B) REQUIREMENTS.—
‘‘(i) STATE CHILD WELFARE AGENCY PARTNER.—Sub-
ject to clause (ii)(I), a regional partnership entered
into for purposes of this subsection shall include the
State child welfare agency that is responsible for the
administration of the State plan under this part and
part E as 1 of the partners.
‘‘(ii) REGIONAL
PARTNERSHIPS
ENTERED
INTO
BY
INDIAN
TRIBES
OR
TRIBAL
CONSORTIA.—If an Indian
tribe or tribal consortium enters into a regional part-
nership for purposes of this subsection, the Indian
tribe or tribal consortium—
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‘‘(I) may (but is not required to) include such
State child welfare agency as a partner in the
collaborative agreement; and
‘‘(II) may not enter into a collaborative agree-
ment only with tribal child welfare agencies (or
a consortium of such agencies).
‘‘(iii) NO STATE AGENCY ONLY PARTNERSHIPS.—If
a State agency described in clause (i) or (ii) of subpara-
graph (A) enters into a regional partnership for pur-
poses of this subsection, the State agency may not
enter into a collaborative agreement only with the
other State agency described in such clause (i) or (ii).
‘‘(3) AUTHORITY TO AWARD GRANTS.—
‘‘(A) IN GENERAL.—In addition to amounts authorized
to be appropriated to carry out this section, the Secretary
shall award grants under this subsection, from the amounts
reserved for each of fiscal years 2007 through 2011 under
section 436(b)(5), to regional partnerships that satisfy the
requirements of this subsection, in amounts that are not
less than $500,000 and not more than $1,000,000 per grant
per fiscal year.
‘‘(B) REQUIRED
MINIMUM
PERIOD
OF
APPROVAL.—A
grant shall be awarded under this subsection for a period
of not less than 2, and not more than 5, fiscal years.
‘‘(4) APPLICATION REQUIREMENTS.—To be eligible for a grant
under this subsection, a regional partnership shall submit to
the Secretary a written application containing the following:
‘‘(A) Recent evidence demonstrating that methamphet-
amine or other substance abuse has had a substantial
impact on the number of out-of-home placements for chil-
dren, or the number of children who are at risk of being
placed in an out-of-home placement, in the partnership
region.
‘‘(B) A description of the goals and outcomes to be
achieved during the funding period for the grant that will—
‘‘(i) enhance the well-being of children receiving
services or taking part in activities conducted with
funds provided under the grant;
‘‘(ii) lead to safety and permanence for such chil-
dren; and
‘‘(iii) decrease the number of out-of-home place-
ments for children, or the number of children who
are at risk of being placed in an out-of-home placement,
in the partnership region.
‘‘(C) A description of the joint activities to be funded
in whole or in part with the funds provided under the
grant, including the sequencing of the activities proposed
to be conducted under the funding period for the grant.
‘‘(D) A description of the strategies for integrating pro-
grams and services determined to be appropriate for the
child and where appropriate, the child’s family.
‘‘(E) A description of the strategies for—
‘‘(i) collaborating with the State child welfare
agency described in paragraph (2)(A)(i) (unless that
agency is the lead applicant for the regional partner-
ship); and
‘‘(ii) consulting, as appropriate, with—
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‘‘(I) the State agency described in paragraph
(2)(A)(ii); and
‘‘(II) the State law enforcement and judicial
agencies.
To the extent the Secretary determines that the require-
ment of this subparagraph would be inappropriate to apply
to a regional partnership that includes an Indian tribe,
tribal consortium, or a tribal child welfare agency or a
consortium of such agencies, the Secretary may exempt
the regional partnership from the requirement.
‘‘(F) Such other information as the Secretary may
require.
‘‘(5) USE OF FUNDS.—Funds made available under a grant
made under this subsection shall only be used for services
or activities that are consistent with the purpose of this sub-
section and may include the following:
‘‘(A) Family-based comprehensive long-term substance
abuse treatment services.
‘‘(B) Early intervention and preventative services.
‘‘(C) Children and family counseling.
‘‘(D) Mental health services.
‘‘(E) Parenting skills training.
‘‘(F) Replication of successful models for providing
family-based comprehensive long-term substance abuse
treatment services.
‘‘(6) MATCHING REQUIREMENT.—
‘‘(A) FEDERAL
SHARE.—A grant awarded under this
subsection shall be available to pay a percentage share
of the costs of services provided or activities conducted
under such grant, not to exceed—
‘‘(i) 85 percent for the first and second fiscal years
for which the grant is awarded to a recipient;
‘‘(ii) 80 percent for the third and fourth such fiscal
years; and
‘‘(iii) 75 percent for the fifth such fiscal year.
‘‘(B) NON-FEDERAL SHARE.—The non-Federal share of
the cost of services provided or activities conducted under
a grant awarded under this subsection may be in cash
or in kind. In determining the amount of the non-Federal
share, the Secretary may attribute fair market value to
goods, services, and facilities contributed from non-Federal
sources.
‘‘(7) CONSIDERATIONS IN AWARDING GRANTS.—In awarding
grants under this subsection, the Secretary shall—
‘‘(A) take into consideration the extent to which
applicant regional partnerships—
‘‘(i) demonstrate that methamphetamine or other
substance abuse by parents or caretakers has had a
substantial impact on the number of out-of-home place-
ments for children, or the number of children who
are at risk of being placed in an out-of-home placement,
in the partnership region;
‘‘(ii) have limited resources for addressing the
needs of children affected by such abuse;
‘‘(iii) have a lack of capacity for, or access to,
comprehensive family treatment services; and
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‘‘(iv) demonstrate a plan for sustaining the services
provided by or activities funded under the grant after
the conclusion of the grant period; and
‘‘(B) after taking such factors into consideration, give
greater weight to awarding grants to regional partnerships
that propose to address methamphetamine abuse and
addiction in the partnership region (alone or in combination
with other drug abuse and addiction) and which dem-
onstrate that methamphetamine abuse and addiction (alone
or in combination with other drug abuse and addiction)
is adversely affecting child welfare in the partnership
region.
‘‘(8) PERFORMANCE INDICATORS.—
‘‘(A) IN GENERAL.—Not later than 9 months after the
date of enactment of this subsection, the Secretary shall
establish indicators that will be used to assess periodically
the performance of the grant recipients under this sub-
section in using funds made available under such grants
to achieve the purpose of this subsection.
‘‘(B) CONSULTATION
REQUIRED.—In establishing the
performance indicators required by subparagraph (A), the
Secretary shall consult with the following:
‘‘(i) The Assistant Secretary for the Administration
for Children and Families.
‘‘(ii) The Administrator of the Substance Abuse
and Mental Health Services Administration.
‘‘(iii) Representatives of States in which a State
agency described in clause (i) or (ii) of paragraph (2)(A)
is a member of a regional partnership that is a grant
recipient under this subsection.
‘‘(iv) Representatives of Indian tribes, tribal con-
sortia, or tribal child welfare agencies that are mem-
bers of a regional partnership that is a grant recipient
under this subsection.
‘‘(9) REPORTS.—
‘‘(A) GRANTEE REPORTS.—
‘‘(i) ANNUAL REPORT.—Not later than September
30 of the first fiscal year in which a recipient of a
grant under this subsection is paid funds under the
grant, and annually thereafter until September 30 of
the last fiscal year in which the recipient is paid funds
under the grant, the recipient shall submit to the Sec-
retary a report on the services provided or activities
carried out during that fiscal year with such funds.
The report shall contain such information as the Sec-
retary determines is necessary to provide an accurate
description of the services provided or activities con-
ducted with such funds.
‘‘(ii) INCORPORATION OF INFORMATION RELATED TO
PERFORMANCE INDICATORS.—Each recipient of a grant
under this subsection shall incorporate into the first
annual report required by clause (i) that is submitted
after the establishment of performance indicators
under paragraph (8), information required in relation
to such indicators.
‘‘(B) REPORTS
TO
CONGRESS.—On the basis of the
reports submitted under subparagraph (A), the Secretary
Deadline.
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annually shall submit to the Committee on Ways and
Means of the House of Representatives and the Committee
on Finance of the Senate a report on—
‘‘(i) the services provided and activities conducted
with funds provided under grants awarded under this
subsection;
‘‘(ii) the performance indicators established under
paragraph (8); and
‘‘(iii) the progress that has been made in
addressing the needs of families with methamphet-
amine or other substance abuse problems who come
to the attention of the child welfare system and in
achieving the goals of child safety, permanence, and
family stability.’’.
(B) CONFORMING AMENDMENTS.—Section 437 of such
Act (42 U.S.C. 629g) is amended—
(i) in the section heading, by inserting ‘‘AND TAR-
GETED’’ after ‘‘DISCRETIONARY’’; and
(ii) in subsection (e), by striking ‘‘this section’’ and
inserting ‘‘subsection (a)’’.
(c) EVALUATION, RESEARCH, AND TECHNICAL ASSISTANCE WITH
RESPECT
TO TARGETED PROGRAM RESOURCES.—Section 435(c) of
such Act (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 436(b)(1) for a fiscal year, the Secretary
shall use not less than—
‘‘(1) $1,000,000 for evaluations, research, and providing
technical assistance with respect to supporting monthly case-
worker visits with children who are in foster care under the
responsibility of the State, in accordance with section
436(b)(4)(B)(i); and
‘‘(2) $1,000,000 for evaluations, research, and providing
technical assistance with respect to grants under section
437(f).’’.
SEC. 5. ALLOTMENTS AND GRANTS TO INDIAN TRIBES.
(a) INCREASE IN SET-ASIDES FOR INDIAN TRIBES.—
(1) MANDATORY GRANTS.—Section 436(b)(3) of the Social
Security Act (42 U.S.C. 629f(b)(3)) is amended by striking ‘‘1’’
and inserting ‘‘3’’.
(2) DISCRETIONARY GRANTS.—Section 437(b)(3) of such Act
(42 U.S.C. 629g(b)(3)) is amended by striking ‘‘2’’ and inserting
‘‘3’’.
(3) EFFECT OF RESERVATION OF FUNDS FOR TARGETED PRO-
GRAM RESOURCES ON AMOUNTS RESERVED FOR INDIAN TRIBES.—
Section 436(b)(3) of such Act (42 U.S.C. 629b(b)(3)) is amended
by striking ‘‘The’’ and inserting ‘‘After applying paragraphs
(4) and (5) (but before applying paragraphs (1) or (2)), the’’.
(b) AUTHORITY
FOR TRIBAL CONSORTIA TO RECEIVE ALLOT-
MENTS.—
(1) ALLOTMENT OF MANDATORY FUNDS.—
(A) IN GENERAL.—Section 433(a) of such Act (42 U.S.C.
629c(a)) is amended—
(i) in the subsection heading, by inserting ‘‘OR
TRIBAL CONSORTIA’’ after ‘‘TRIBES’’; and
42 USC 629f.
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(ii) by adding at the end the following new sen-
tence: ‘‘If a consortium of Indian tribes submits a plan
approved under this subpart, the Secretary shall allot
to the consortium an amount equal to the sum of
the allotments determined for each Indian tribe that
is part of the consortium.’’.
(B) CONFORMING
AMENDMENT.—Section 436(b)(3) of
such Act (42 U.S.C. 629f(b)(3)) is amended—
(i) in the paragraph heading, by inserting ‘‘OR
TRIBAL CONSORTIA’’ after ‘‘TRIBES’’; and
(ii) by inserting ‘‘or tribal consortia’’ after ‘‘Indian
tribes’’.
(2) ALLOTMENT OF ANY DISCRETIONARY FUNDS.—Section 437
of such Act (42 U.S.C. 629g) is amended—
(A) in subsection (b)(3)—
(i) in the paragraph heading, by inserting ‘‘OR
TRIBAL CONSORTIA’’ after ‘‘TRIBES’’; and
(ii) by inserting ‘‘or tribal consortia’’ after ‘‘Indian
tribes’’; and
(B) in subsection (c)(1)—
(i) in the paragraph heading, by inserting ‘‘OR
TRIBAL CONSORTIA’’ after ‘‘TRIBES’’; and
(ii) by adding at the end the following new sen-
tence: ‘‘If a consortium of Indian tribes applies and
is approved for a grant under this section, the Sec-
retary shall allot to the consortium an amount equal
to the sum of the allotments determined for each
Indian tribe that is part of the consortium.’’.
(3) ADDITIONAL CONFORMING AMENDMENTS.—
(A) PLANS OF INDIAN TRIBES.—Section 432(b)(2) of such
Act (42 U.S.C. 629b(b)(2)) is amended—
(i) in the paragraph heading, by inserting ‘‘OR
TRIBAL CONSORTIA’’ after ‘‘TRIBES’’;
(ii) in subparagraph (A), by inserting ‘‘or tribal
consortium’’ after ‘‘Indian tribe’’ each place it appears;
and
(iii) in subparagraph (B)—
(I) by inserting ‘‘or tribal consortium’’ after
‘‘Indian tribe’’; and
(II) by inserting ‘‘and tribal consortia’’ after
‘‘Indian tribes’’.
(B) DIRECT PAYMENTS TO TRIBAL ORGANIZATIONS.—Sec-
tion 434(c) of such Act (42 U.S.C. 629d(c)) is amended—
(i) in the subsection heading, by inserting ‘‘OR
TRIBAL CONSORTIA’’ after ‘‘TRIBES’’; and
(ii) by inserting ‘‘or tribal consortium’’ after ‘‘Indian
tribe’’ the first place it appears; and
(iii) by inserting ‘‘or in the case of a payment
to a tribal consortium, such tribal organizations of,
or entity established by, the Indian tribes that are
part of the consortium as the consortium shall des-
ignate’’ before the period.
(C) EVALUATIONS; RESEARCH; TECHNICAL ASSISTANCE.—
Section 435(d) of such Act (42 U.S.C. 629e(d)) is amended
in the matter preceding paragraph (1), by inserting ‘‘or
tribal consortia’’ after ‘‘Indian tribes’’.
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(c) COLLECTION
OF DATA
ON TRIBAL PROMOTING SAFE
AND
STABLE FAMILIES PLANS.—Section 432(b)(2)(A) of such Act (42
U.S.C. 629b(b)(2)(A)), as amended by subsection (b)(3)(A)(ii) of this
section, is amended by striking ‘‘any requirement of this section
that the Secretary determines’’ and inserting ‘‘the requirements
of subsection (a)(4) of this section to the extent that the Secretary
determines those requirements’’.
SEC. 6. IMPROVEMENTS TO THE CHILD WELFARE SERVICES PROGRAM.
(a) FUNDING.—Subpart 1 of part B of title IV of the Social
Security Act (42 U.S.C. 620–628b) is amended by striking sections
420 and 425 and inserting after section 424 the following:
‘‘LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 425. To carry out this subpart, there are authorized
to be appropriated to the Secretary not more than $325,000,000
for each of fiscal years 2007 through 2011.’’.
(b) PURPOSE OF PROGRAM.—Such subpart is further amended—
(1) by striking section 424;
(2) by redesignating sections 421 and 423 as sections 423
and 424, respectively, and by transferring section 423 (as so
redesignated) so that it appears after section 422; and
(3) by inserting after the subpart heading the following:
‘‘PURPOSE
‘‘SEC. 421. The purpose of this subpart is to promote State
flexibility in the development and expansion of a coordinated child
and family services program that utilizes community-based agencies
and ensures all children are raised in safe, loving families, by—
‘‘(1) protecting and promoting the welfare of all children;
‘‘(2) preventing the neglect, abuse, or exploitation of chil-
dren;
‘‘(3) supporting at-risk families through services which
allow children, where appropriate, to remain safely with their
families or return to their families in a timely manner;
‘‘(4) promoting the safety, permanence, and well-being of
children in foster care and adoptive families; and
‘‘(5) providing training, professional development and sup-
port to ensure a well-qualified child welfare workforce.’’.
(c) MODIFICATION OF STATE PLAN REQUIREMENTS.—Section 422
of such Act (42 U.S.C. 622) is amended—
(1) in subsection (b)—
(A) by striking paragraphs (3) through (5) and inserting
the following:
‘‘(3) include a description of the services and activities
which the State will fund under the State program carried
out pursuant to this subpart, and how the services and activities
will achieve the purpose of this subpart;’’;
(B) by striking paragraph (6) and inserting after para-
graph (3) (as added by subparagraph (A) of this paragraph)
the following:
‘‘(4) contain a description of—
‘‘(A) the steps the State will take to provide child
welfare services statewide and to expand and strengthen
the range of existing services and develop and implement
services to improve child outcomes; and
42 USC 621.
42 USC 623, 624.
42 USC 624.
42 USC 620, 625.
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‘‘(B) the child welfare services staff development and
training plans of the State;’’;
(C) by redesignating paragraphs (7) through (9) as
paragraphs (5) through (7), respectively;
(D) in paragraph (10)—
(i) by striking subparagraph (A);
(ii) in subparagraph (B)(iii)(II), by inserting ‘‘,
which may include a residential educational program’’
after ‘‘in some other planned, permanent living
arrangement’’;
(iii) by redesignating subparagraph (B) as subpara-
graph (A); and
(iv) by striking subparagraph (C) and inserting
after subparagraph (A) the following:
‘‘(B) has in effect policies and administrative and
judicial procedures for children abandoned at or shortly
after birth (including policies and procedures providing for
legal representation of the children) which enable perma-
nent decisions to be made expeditiously with respect to
the placement of the children;’’;
(E) in paragraph (14), by striking ‘‘and’’ at the end;
(F) in paragraph (15), by striking the period and
inserting a semicolon;
(G) by redesignating paragraphs (10) through (15) as
paragraphs (8) through (13), respectively; and
(H) by adding at the end the following:
‘‘(14) not later than October 1, 2007, include assurances
that not more than 10 percent of the expenditures of the State
with respect to activities funded from amounts provided under
this subpart will be for administrative costs;
‘‘(15) describe how the State actively consults with and
involves physicians or other appropriate medical professionals
in—
‘‘(A) assessing the health and well-being of children
in foster care under the responsibility of the State; and
‘‘(B) determining appropriate medical treatment for the
children; and
‘‘(16) provide that, not later than 1 year after the date
of the enactment of this paragraph, the State shall have in
place procedures providing for how the State programs assisted
under this subpart, subpart 2 of this part, or part E would
respond to a disaster, in accordance with criteria established
by the Secretary which should include how a State would—
‘‘(A) identify, locate, and continue availability of serv-
ices for children under State care or supervision who are
displaced or adversely affected by a disaster;
‘‘(B) respond, as appropriate, to new child welfare cases
in areas adversely affected by a disaster, and provide serv-
ices in those cases;
‘‘(C) remain in communication with caseworkers and
other essential child welfare personnel who are displaced
because of a disaster;
‘‘(D) preserve essential program records; and
‘‘(E) coordinate services and share information with
other States.’’; and
(2) by adding at the end the following:
‘‘(c) DEFINITIONS.—In this subpart:
Deadline.
Deadline.
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‘‘(1) ADMINISTRATIVE
COSTS.—The term ‘administrative
costs’ means costs for the following, but only to the extent
incurred in administering the State plan developed pursuant
to this subpart: procurement, payroll management, personnel
functions (other than the portion of the salaries of supervisors
attributable to time spent directly supervising the provision
of services by caseworkers), management, maintenance and
operation of space and property, data processing and computer
services, accounting, budgeting, auditing, and travel expenses
(except those related to the provision of services by caseworkers
or the oversight of programs funded under this subpart).
‘‘(2) OTHER TERMS.—For definitions of other terms used
in this part, see section 475.’’.
(d) PROVISIONS RELATING TO STATE ALLOTMENTS.—Section 423
of such Act, as so redesignated by subsection (b)(2) of this section,
is amended—
(1) in subsection (a)—
(A) by inserting ‘‘IN GENERAL.—’’ after ‘‘(a)’’; and
(B) by striking ‘‘420’’ and inserting ‘‘425’’; and
(2) in subsection (b), by inserting ‘‘DETERMINATION
OF
STATE ALLOTMENT PERCENTAGES.—’’ after ‘‘(b)’’;
(3) in subsection (c), by inserting ‘‘PROMULGATION OF STATE
ALLOTMENT PERCENTAGES.—’’ after ‘‘(c)’’;
(4) in subsection (d)—
(A) by inserting ‘‘UNITED STATES DEFINED.—’’ after
‘‘(d)’’; and
(B) by striking ‘‘fifty’’ and inserting ‘‘50’’; and
(5) by adding at the end the following:
‘‘(e) REALLOTMENT OF FUNDS.—
‘‘(1) IN GENERAL.—The amount of any allotment to a State
for a fiscal year under the preceding provisions of this section
which the State certifies to the Secretary will not be required
for carrying out the State plan developed as provided in section
422 shall be available for reallotment from time to time, on
such dates as the Secretary may fix, to other States which
the Secretary determines—
‘‘(A) need sums in excess of the amounts allotted to
such other States under the preceding provisions of this
section, in carrying out their State plans so developed;
and
‘‘(B) will be able to so use such excess sums during
the fiscal year.
‘‘(2) CONSIDERATIONS.—The Secretary shall make the re-
allotments on the basis of the State plans so developed, after
taking into consideration—
‘‘(A) the population under 21 years of age;
‘‘(B) the per capita income of each of such other States
as compared with the population under 21 years of age;
and
‘‘(C) the per capita income of all such other States
with respect to which such a determination by the Sec-
retary has been made.
‘‘(3) AMOUNTS REALLOTTED TO A STATE DEEMED PART OF
STATE ALLOTMENT.—Any amount so reallotted to a State is
deemed part of the allotment of the State under this section.’’.
(e) PAYMENTS TO STATES; LIMITATIONS ON USE OF FUNDS.—
42 USC 623.
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(1) LIMITATIONS
RELATED
TO
STATE
EXPENDITURES
FOR
CHILD CARE, FOSTER CARE MAINTENANCE PAYMENTS, AND ADOP-
TION ASSISTANCE PAYMENTS.—Section 424 of such Act, as so
redesignated by subsection (b)(2) of this section, is amended
by striking subsections (c) and (d) and inserting the following:
‘‘(c) LIMITATION ON USE OF FEDERAL FUNDS FOR CHILD CARE,
FOSTER CARE MAINTENANCE PAYMENTS, OR ADOPTION ASSISTANCE
PAYMENTS.—The total amount of Federal payments under this sub-
part for a fiscal year beginning after September 30, 2007, that
may be used by a State for expenditures for child care, foster
care maintenance payments, or adoption assistance payments shall
not exceed the total amount of such payments for fiscal year 2005
that were so used by the State.
‘‘(d) LIMITATION ON USE BY STATES OF NON-FEDERAL FUNDS
FOR FOSTER CARE MAINTENANCE PAYMENTS TO MATCH FEDERAL
FUNDS.—For any fiscal year beginning after September 30, 2007,
State expenditures of non-Federal funds for foster care maintenance
payments shall not be considered to be expenditures under the
State plan developed under this subpart for the fiscal year to
the extent that the total of such expenditures for the fiscal year
exceeds the total of such expenditures under the State plan devel-
oped under this subpart for fiscal year 2005.’’.
(2) LIMITATION
ON
ADMINISTRATIVE
COST
REIMBURSE-
MENT.—
(A) IN GENERAL.—Section 424 of such Act (42 U.S.C.
623), as so redesignated by subsection (b)(2) of this section,
is amended by adding at the end the following:
‘‘(e) LIMITATION
ON
REIMBURSEMENT
FOR
ADMINISTRATIVE
COSTS.—A payment may not be made to a State under this section
with respect to expenditures during a fiscal year for administrative
costs, to the extent that the total amount of the expenditures
exceeds 10 percent of the total expenditures of the State during
the fiscal year for activities funded from amounts provided under
this subpart.’’.
(B) EFFECTIVE
DATE.—The amendment made by
subparagraph (A) shall apply to expenditures made on
or after October 1, 2007.
(f) CONFORMING AMENDMENTS.—
(1) Section 428(b) of such Act (42 U.S.C. 628(b)) is amended
by striking ‘‘421’’ and inserting ‘‘423’’.
(2) Section 429 of such Act (42 U.S.C. 628a) is amended—
(A)(i) by striking the following:
‘‘CHILD WELFARE TRAINEESHIPS
‘‘SEC. 429. The Secretary’’; and
(ii) inserting the following:
‘‘(c) CHILD WELFARE TRAINEESHIPS.—The Secretary’’; and
(B) by transferring the provision to the end of section
426 (as amended by section 11(b) of this Act).
(3) Section 429A of such Act (42 U.S.C. 628b) is redesig-
nated as section 429.
(4) Section 433(b) of such Act (42 U.S.C. 629c(b)) is
amended by striking ‘‘421’’ and inserting ‘‘423’’.
(5) Section 437(c)(2) of such Act (42 U.S.C. 629g(c)(2)) is
amended by striking ‘‘421’’ and inserting ‘‘423’’.
(6) Section 472(d) of such Act (42 U.S.C. 672(d)) is amended
by striking ‘‘422(b)(10)’’ and inserting ‘‘422(b)(8)’’.
42 USC 628a,
626.
42 USC 624 note.
42 USC 624.
42 USC 624.
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(7) Section 473A(f) of such Act (42 U.S.C. 673b(f)) is
amended by striking ‘‘423’’ and inserting ‘‘424’’.
(8) Section 1130(b)(1) of such Act (42 U.S.C. 1320a–9(b)(1))
is amended to read as follows:
‘‘(1) any provision of section 422(b)(8), or section 479; or’’.
(9) Section 104(b)(3) of the Intercountry Adoption Act of
2000 (42 U.S.C. 14914(b)(3)) is amended by striking ‘‘422(b)(14)
of the Social Security Act, as amended by section 205 of this
Act’’ and inserting ‘‘422(b)(12) of the Social Security Act’’.
SEC. 7. MONTHLY CASEWORKER STANDARD.
(a) STATE PLAN REQUIREMENT.—Section 422(b) of the Social
Security Act (42 U.S.C. 622(b)), as amended by section 6(c) of
this Act, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (15);
(2) by striking the period at the end of paragraph (16)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(17) not later than October 1, 2007, describe the State
standards for the content and frequency of caseworker visits
for children who are in foster care under the responsibility
of the State, which, at a minimum, ensure that the children
are visited on a monthly basis and that the caseworker visits
are well-planned and focused on issues pertinent to case plan-
ning and service delivery to ensure the safety, permanency,
and well-being of the children.’’.
(b) ENFORCEMENT.—Section 424 of the Social Security Act, as
so redesignated by section 6(b)(2) of this Act, is amended by adding
at the end the following:
‘‘(e)(1) The Secretary may not make a payment to a State
under this subpart for a period in fiscal year 2008, unless the
State has provided to the Secretary data which shows, for fiscal
year 2007—
‘‘(A) the percentage of children in foster care under the
responsibility of the State who were visited on a monthly basis
by the caseworker handling the case of the child; and
‘‘(B) the percentage of the visits that occurred in the resi-
dence of the child.
‘‘(2)(A) Based on the data provided by a State pursuant to
paragraph (1), the Secretary, in consultation with the State, shall
establish, not later than June 30, 2008, an outline of the steps
to be taken to ensure, by October 1, 2011, that at least 90 percent
of the children in foster care under the responsibility of the State
are visited by their caseworkers on a monthly basis, and that
the majority of the visits occur in the residence of the child. The
outline shall include target percentages to be reached each fiscal
year, and should include a description of how the steps will be
implemented. The steps may include activities designed to improve
caseworker retention, recruitment, training, and ability to access
the benefits of technology.
‘‘(B) Beginning October 1, 2008, if the Secretary determines
that a State has not made the requisite progress in meeting the
goal described in subparagraph (A) of this paragraph, then the
percentage that shall apply for purposes of subsection (a) of this
section for the period involved shall be the percentage set forth
in such subsection (a) reduced by—
Effective date.
Applicability.
Deadline.
42 USC 624.
Deadline.
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‘‘(i) 1, if the number of full percentage points by which
the State fell short of the target percentage established for
the State for the period pursuant to such subparagraph is
less than 10;
‘‘(ii) 3, if the number of full percentage points by which
the State fell short, as described in clause (i), is not less
than 10 and less than 20; or
‘‘(iii) 5, if the number of full percentage points by which
the State fell short, as described in clause (i), is not less
than 20.’’.
(c) REPORTS.—
(1) PROGRESS REPORT.—Not later than March 31, 2010,
the Secretary of Health and Human Services shall submit
to the Committee on Ways and Means of the House of Rep-
resentatives and the Committee on Finance of the Senate a
report that outlines the progress made by the States in meeting
the standards referred to in section 422(b)(17) of the Social
Security Act, and offers recommendations developed in con-
sultation with State officials responsible for administering child
welfare programs and members of the State legislature to assist
States in their efforts to ensure that foster children are visited
on a monthly basis.
(2) INCLUSION OF INFORMATION ON CASEWORKER VISITS IN
ANNUAL CHILD WELL-BEING OUTCOME REPORTS.—Section 479A
of such Act (42 U.S.C. 679b) is amended—
(A) by striking ‘‘and’’ at the end of paragraph (4);
(B) by striking the period at the end of paragraph
(5) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(6) include in the report submitted pursuant to paragraph
(5) for fiscal year 2007 or any succeeding fiscal year, State-
by-State data on—
‘‘(A) the percentage of children in foster care under
the responsibility of the State who were visited on a
monthly basis by the caseworker handling the case of the
child; and
‘‘(B) the percentage of the visits that occurred in the
residence of the child.’’.
SEC. 8. REAUTHORIZATION OF PROGRAM FOR MENTORING CHILDREN
OF PRISONERS.
(a) IN GENERAL.—Section 439 of the Social Security Act (42
U.S.C. 629i) is amended—
(1) in subsection (c), by striking ‘‘2002 through 2006’’ and
inserting ‘‘2007 through 2011’’; and
(2) in subsection (h)—
(A) by striking paragraph (1) and inserting the fol-
lowing:
‘‘(1) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—
To carry out this section, there are authorized to be appro-
priated to the Secretary such sums as may be necessary for
fiscal years 2007 through 2011.’’; and
(B) in paragraph (2), by striking ‘‘2.5’’ and inserting
‘‘4’’.
(b) SERVICE DELIVERY DEMONSTRATION PROJECT.—
(1) IN GENERAL.—Section 439 of such Act (42 U.S.C. 629i),
as amended by subsection (a) of this section, is amended—
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(A) by redesignating subsections (g) and (h) as sub-
sections (h) and (i), respectively; and
(B) by inserting after subsection (f) the following:
‘‘(g) SERVICE DELIVERY DEMONSTRATION PROJECT.—
‘‘(1) PURPOSE; AUTHORITY
TO
ENTER
INTO
COOPERATIVE
AGREEMENT.—The Secretary shall enter into a cooperative
agreement with an eligible entity that meets the requirements
of paragraph (2) for the purpose of requiring the entity to
conduct a demonstration project consistent with this subsection
under which the entity shall—
‘‘(A) identify children of prisoners in need of mentoring
services who have not been matched with a mentor by
an applicant awarded a grant under this section, with
a priority for identifying children who—
‘‘(i) reside in an area not served by a recipient
of a grant under this section;
‘‘(ii) reside in an area that has a substantial
number of children of prisoners;
‘‘(iii) reside in a rural area; or
‘‘(iv) are Indians;
‘‘(B) provide the families of the children so identified
with—
‘‘(i) a voucher for mentoring services that meets
the requirements of paragraph (5); and
‘‘(ii) a list of the providers of mentoring services
in the area in which the family resides that satisfy
the requirements of paragraph (6); and
‘‘(C) monitor and oversee the delivery of mentoring
services by providers that accept the vouchers.
‘‘(2) ELIGIBLE ENTITY.—
‘‘(A) IN
GENERAL.—Subject to subparagraph (B), an
eligible entity under this subsection is an organization
that the Secretary determines, on a competitive basis—
‘‘(i) has substantial experience—
‘‘(I) in working with organizations that provide
mentoring services for children of prisoners; and
‘‘(II) in developing quality standards for the
identification and assessment of mentoring pro-
grams for children of prisoners; and
‘‘(ii) submits an application that satisfies the
requirements of paragraph (3).
‘‘(B) LIMITATION.—An organization that provides men-
toring services may not be an eligible entity for purposes
of being awarded a cooperative agreement under this sub-
section.
‘‘(3) APPLICATION
REQUIREMENTS.—To be eligible to be
awarded a cooperative agreement under this subsection, an
entity shall submit to the Secretary an application that includes
the following:
‘‘(A) QUALIFICATIONS.—Evidence that the entity—
‘‘(i) meets the experience requirements of para-
graph (2)(A)(i); and
‘‘(ii) is able to carry out—
‘‘(I) the purposes of this subsection identified
in paragraph (1); and
‘‘(II) the requirements of the cooperative agree-
ment specified in paragraph (4).
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‘‘(B) SERVICE DELIVERY PLAN.—
‘‘(i) 
DISTRIBUTION
REQUIREMENTS.—Subject 
to
clause (iii), a description of the plan of the entity
to ensure the distribution of not less than—
‘‘(I) 3,000 vouchers for mentoring services in
the first year in which the cooperative agreement
is in effect with that entity;
‘‘(II) 8,000 vouchers for mentoring services in
the second year in which the agreement is in effect
with that entity; and
‘‘(III) 13,000 vouchers for mentoring services
in any subsequent year in which the agreement
is in effect with that entity.
‘‘(ii) SATISFACTION
OF
PRIORITIES.—A description
of how the plan will ensure the delivery of mentoring
services to children identified in accordance with the
requirements of paragraph (1)(A).
‘‘(iii) SECRETARIAL AUTHORITY TO MODIFY DISTRIBU-
TION REQUIREMENT.—The Secretary may modify the
number of vouchers specified in subclauses (I) through
(III) of clause (i) to take into account the availability
of appropriations and the need to ensure that the
vouchers distributed by the entity are for amounts
that are adequate to ensure the provision of mentoring
services for a 12-month period.
‘‘(C) COLLABORATION AND COOPERATION.—A description
of how the entity will ensure collaboration and cooperation
with other interested parties, including courts and prisons,
with respect to the delivery of mentoring services under
the demonstration project.
‘‘(D) OTHER.—Any other information that the Secretary
may find necessary to demonstrate the capacity of the
entity to satisfy the requirements of this subsection.
‘‘(4) COOPERATIVE AGREEMENT REQUIREMENTS.—A coopera-
tive agreement awarded under this subsection shall require
the eligible entity to do the following:
‘‘(A) IDENTIFY QUALITY STANDARDS FOR PROVIDERS.—
To work with the Secretary to identify the quality stand-
ards that a provider of mentoring services must meet in
order to participate in the demonstration project and which,
at a minimum, shall include criminal records checks for
individuals who are prospective mentors and shall prohibit
approving any individual to be a mentor if the criminal
records check of the individual reveals a conviction which
would prevent the individual from being approved as a
foster or adoptive parent under section 471(a)(20)(A).
‘‘(B) IDENTIFY ELIGIBLE PROVIDERS.—To identify and
compile a list of those providers of mentoring services in
any of the 50 States or the District of Columbia that
meet the quality standards identified pursuant to subpara-
graph (A).
‘‘(C) IDENTIFY
ELIGIBLE
CHILDREN.—To identify chil-
dren of prisoners who require mentoring services, con-
sistent with the priorities specified in paragraph (1)(A).
‘‘(D) MONITOR AND OVERSEE DELIVERY OF MENTORING
SERVICES.—To satisfy specific requirements of the Secretary
for monitoring and overseeing the delivery of mentoring
Records.
Law enforcement
and crime.
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services under the demonstration project, which shall
include a requirement to ensure that providers of men-
toring services under the project report data on the children
served and the types of mentoring services provided.
‘‘(E) RECORDS, REPORTS, AND AUDITS.—To maintain any
records, make any reports, and cooperate with any reviews
and audits that the Secretary determines are necessary
to oversee the activities of the entity in carrying out the
demonstration project under this subsection.
‘‘(F) EVALUATIONS.—To cooperate fully with any
evaluations of the demonstration project, including col-
lecting and monitoring data and providing the Secretary
or the Secretary’s designee with access to records and staff
related to the conduct of the project.
‘‘(G) LIMITATION ON ADMINISTRATIVE EXPENDITURES.—
To ensure that administrative expenditures incurred by
the entity in conducting the demonstration project with
respect to a fiscal year do not exceed the amount equal
to 10 percent of the amount awarded to carry out the
project for that year.
‘‘(5) VOUCHER REQUIREMENTS.—A voucher for mentoring
services provided to the family of a child identified in accord-
ance with paragraph (1)(A) shall meet the following require-
ments:
‘‘(A) TOTAL
PAYMENT
AMOUNT; 
12-MONTH
SERVICE
PERIOD.—The voucher shall specify the total amount to
be paid a provider of mentoring services for providing the
child on whose behalf the voucher is issued with mentoring
services for a 12-month period.
‘‘(B) PERIODIC PAYMENTS AS SERVICES PROVIDED.—
‘‘(i) IN GENERAL.—The voucher shall specify that
it may be redeemed with the eligible entity by the
provider accepting the voucher in return for agreeing
to provide mentoring services for the child on whose
behalf the voucher is issued.
‘‘(ii) DEMONSTRATION OF THE PROVISION OF SERV-
ICES.—A provider that redeems a voucher issued by
the eligible entity shall receive periodic payments from
the eligible entity during the 12-month period that
the voucher is in effect upon demonstration of the
provision of significant services and activities related
to the provision of mentoring services to the child
on whose behalf the voucher is issued.
‘‘(6) PROVIDER REQUIREMENTS.—In order to participate in
the demonstration project, a provider of mentoring services
shall—
‘‘(A) meet the quality standards identified by the
eligible entity in accordance with paragraph (1);
‘‘(B) agree to accept a voucher meeting the require-
ments of paragraph (5) as payment for the provision of
mentoring services to a child on whose behalf the voucher
is issued;
‘‘(C) demonstrate that the provider has the capacity,
and has or will have nonfederal resources, to continue
supporting the provision of mentoring services to the child
on whose behalf the voucher is issued, as appropriate,
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after the conclusion of the 12-month period during which
the voucher is in effect; and
‘‘(D) if the provider is a recipient of a grant under
this section, demonstrate that the provider has exhausted
its capacity for providing mentoring services under the
grant.
‘‘(7) 3-YEAR PERIOD; OPTION FOR RENEWAL.—
‘‘(A) IN GENERAL.—A cooperative agreement awarded
under this subsection shall be effective for a 3-year period.
‘‘(B) RENEWAL.—The cooperative agreement may be
renewed for an additional period, not to exceed 2 years
and subject to any conditions that the Secretary may
specify that are not inconsistent with the requirements
of this subsection or subsection (i)(2)(B), if the Secretary
determines that the entity has satisfied the requirements
of the agreement and evaluations of the service delivery
demonstration project demonstrate that the voucher service
delivery method is effective in providing mentoring services
to children of prisoners.
‘‘(8) INDEPENDENT EVALUATION AND REPORT.—
‘‘(A) IN GENERAL.—The Secretary shall enter into a
contract with an independent, private organization to
evaluate and prepare a report on the first 2 fiscal years
in which the demonstration project is conducted under
this subsection.
‘‘(B) DEADLINE FOR REPORT.—Not later than 90 days
after the end of the second fiscal year in which the dem-
onstration project is conducted under this subsection, the
Secretary shall submit the report required under subpara-
graph (A) to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance
of the Senate. The report shall include—
‘‘(i) the number of children as of the end of such
second fiscal year who received vouchers for mentoring
services; and
‘‘(ii) any conclusions regarding the use of vouchers
for the delivery of mentoring services for children of
prisoners.
‘‘(9) NO EFFECT ON ELIGIBILITY FOR OTHER FEDERAL ASSIST-
ANCE.—A voucher provided to a family under the demonstration
project conducted under this subsection shall be disregarded
for purposes of determining the eligibility for, or the amount
of, any other Federal or federally-supported assistance for the
family.’’.
(2) CONFORMING AMENDMENTS.—Section 439 of such Act
(42 U.S.C. 629i), as amended by subsection (a) of this section
and paragraph (1) of this subsection, is amended—
(A) in subsection (a)—
(i) in the subsection heading, by striking ‘‘PUR-
POSE’’ and inserting ‘‘PURPOSES’’; and
(ii) in paragraph (2)—
(I) in the paragraph heading, by striking ‘‘PUR-
POSE’’ and inserting ‘‘PURPOSES’’;
(II) by striking ‘‘The purpose of this section
is to authorize the Secretary to make competitive’’
and inserting ‘‘The purposes of this section are
to authorize the Secretary—
Contracts.
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‘‘(A) to make competitive’’;
(iii) by striking the period at the end and inserting
‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(B) to enter into on a competitive basis a cooperative
agreement to conduct a service delivery demonstration
project in accordance with the requirements of subsection
(g).’’;
(B) in subsection (c)—
(i) by striking ‘‘(h)’’ and inserting ‘‘(i)’’; and
(ii) by striking ‘‘(h)(2)’’ and inserting ‘‘(i)(2)’’;
(C) by amending subsection (h) (as so redesignated
by paragraph (1)(A) of this subsection) to read as follows:
‘‘(h) INDEPENDENT EVALUATION; REPORTS.—
‘‘(1) INDEPENDENT EVALUATION.—The Secretary shall con-
duct by grant, contract, or cooperative agreement an inde-
pendent evaluation of the programs authorized under this sec-
tion, including the service delivery demonstration project
authorized under subsection (g).
‘‘(2) REPORTS.—Not later than 12 months after the date
of enactment of this subsection, the Secretary shall submit
a report to the Congress that includes the following:
‘‘(A) The characteristics of the mentoring programs
funded under this section.
‘‘(B) The plan for implementation of the service delivery
demonstration project authorized under subsection (g).
‘‘(C) A description of the outcome-based evaluation of
the programs authorized under this section that the Sec-
retary is conducting as of that date of enactment and
how the evaluation has been expanded to include an evalua-
tion of the demonstration project authorized under sub-
section (g).
‘‘(D) The date on which the Secretary shall submit
a final report on the evaluation to the Congress.’’; and
(D) in subsection (i) (as so redesignated)—
(i) in the subsection heading, by striking ‘‘RESERVA-
TION’’ and inserting ‘‘RESERVATIONS’’; and
(ii) in paragraph (2)—
(I) by amending the paragraph heading to read
as follows: ‘‘RESERVATIONS’’;
(II) by striking ‘‘The’’ and inserting the fol-
lowing:
‘‘(A) RESEARCH, TECHNICAL ASSISTANCE, AND EVALUA-
TION.—The’’; and
(III) by adding at the end the following:
‘‘(B) SERVICE DELIVERY DEMONSTRATION PROJECT.—
‘‘(i) IN GENERAL.—Subject to clause (ii), for pur-
poses of awarding a cooperative agreement to conduct
the service delivery demonstration project authorized
under subsection (g), the Secretary shall reserve not
more than—
‘‘(I) $5,000,000 of the amount appropriated
under paragraph (1) for the first fiscal year in
which funds are to be awarded for the agreement;
‘‘(II) $10,000,000 of the amount appropriated
under paragraph (1) for the second fiscal year in
Grants.
Contracts.
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which funds are to be awarded for the agreement;
and
‘‘(III) $15,000,000 of the amount appropriated
under paragraph (1) for the third fiscal year in
which funds are to be awarded for the agreement.
‘‘(ii) ASSURANCE OF FUNDING FOR GENERAL PRO-
GRAM
GRANTS.—With respect to any fiscal year, no
funds may be awarded for a cooperative agreement
under subsection (g), unless at least $25,000,000 of
the amount appropriated under paragraph (1) for that
fiscal year is used by the Secretary for making grants
under this section for that fiscal year.’’.
SEC. 9. REAUTHORIZATION OF THE COURT IMPROVEMENT PROGRAM.
Section 438 of the Social Security Act (42 U.S.C. 629h) is
amended in each of subsections (c)(1)(A) and (d) by striking ‘‘2006’’
and inserting ‘‘2011’’.
SEC. 10. REQUIREMENT FOR FOSTER CARE PROCEEDING TO INCLUDE,
IN AN AGE-APPROPRIATE MANNER, CONSULTATION WITH
THE CHILD THAT IS THE SUBJECT OF THE PROCEEDING.
Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C))
is amended—
(1) by inserting ‘‘(i)’’ after ‘‘with respect to each such child,’’;
(2) by striking ‘‘and procedural safeguards shall also’’ and
inserting ‘‘(ii) procedural safeguards shall’’; and
(3) by inserting ‘‘and (iii) procedural safeguards shall be
applied to assure that in any permanency hearing held with
respect to the child, including any hearing regarding the transi-
tion of the child from foster care to independent living, the
court or administrative body conducting the hearing consults,
in an age-appropriate manner, with the child regarding the
proposed permanency or transition plan for the child;’’ after
‘‘parents;’’.
SEC. 11. TECHNICAL AMENDMENTS.
(a) UPDATING OF ARCHAIC LANGUAGE.—
(1) Section 423 of the Social Security Act, as so redesignated
by section 6(b)(2) of this Act—
(A) is amended by striking ‘‘per centum’’ and inserting
‘‘percent’’; and
(B) by striking ‘‘He’’ and inserting ‘‘The Secretary’’.
(2) Section 424(a) of such Act, as so redesignated by section
6(b)(2) of this Act, is amended by striking ‘‘per centum’’ and
inserting ‘‘percent’’.
(b) ELIMINATION OF OBSOLETE PROVISION.—Section 426 of such
Act (42 U.S.C. 626) is amended by striking subsection (b) and
redesignating subsection (c) as subsection (b).
(c) TECHNICAL CORRECTION.—Section 431(a)(6) of such Act (42
U.S.C. 629a(a)(6)) is amended by striking ‘‘1986’’ and inserting
‘‘1996’’.
SEC. 12. EFFECTIVE DATES.
(a) IN GENERAL.—Except as otherwise provided in this Act,
the amendments made by this Act shall take effect on October
1, 2006, and shall apply to payments under parts B and E of
title IV of the Social Security Act for calendar quarters beginning
42 USC 621 note.
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LEGISLATIVE HISTORY—S. 3525:
SENATE REPORTS: No. 109–269 (Comm. on Finance).
CONGRESSIONAL RECORD, Vol. 152 (2006):
July 13, considered and passed Senate.
July 25, considered and passed House, amended.
Sept. 20, Senate concurred in House amendments with amendments.
Sept. 26, House concurred in Senate amendments.
on or after such date, without regard to whether regulations to
implement the amendments are promulgated by 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 subpart 1 of part
B, or a State plan approved under subpart 2 of part B or part
E, 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 begin-
ning after the first regular session of the State legislature that
begins after the date of the enactment of this Act. 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) AVAILABILITY OF PROMOTING SAFE AND STABLE FAMILIES
RESOURCES FOR FISCAL YEAR 2006.—Section 3(c) shall take effect
on the date of the enactment of this Act.
Approved September 28, 2006.
Effective date.
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