Safe and Timely Interstate Placement of Foster Children Act of 2006
PL 109-239 (H.R.5403), enacted 07/03/2006

120 STAT. 508
PUBLIC LAW 109–239—JULY 3, 2006
Public Law 109–239
109th Congress
An Act
To improve protections for children and to hold States accountable for the safe
and timely placement of children across State lines, 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 ‘‘Safe and Timely Interstate
Placement of Foster Children Act of 2006’’.
SEC. 2. SENSE OF THE CONGRESS.
It is the sense of the Congress that—
(1) the States should expeditiously ratify the revised Inter-
state Compact for the Placement of Children recently promul-
gated by the American Public Human Services Association;
(2) this Act and the revised Interstate Compact for the
Placement of Children should not apply to those seeking place-
ment in a licensed residential facility primarily to access clinical
mental heath services;
(3) the States should recognize and implement the dead-
lines for the completion and approval of home studies as pro-
vided in section 4 to move children more quickly into safe,
permanent homes; and
(4) Federal policy should encourage the safe and expedited
placement of children into safe, permanent homes across State
lines.
SEC. 3. ORDERLY AND TIMELY PROCESS FOR INTERSTATE PLACEMENT
OF CHILDREN.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a))
is amended—
(1) by striking ‘‘and’’ at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(25) provide that the State shall have in effect procedures
for the orderly and timely interstate placement of children;
and procedures implemented in accordance with an interstate
compact, if incorporating with the procedures prescribed by
paragraph (26), shall be considered to satisfy the requirement
of this paragraph.’’.
SEC. 4. HOME STUDIES.
(a) ORDERLY PROCESS.—
(1) IN GENERAL.—Section 471(a) of the Social Security Act
(42 U.S.C. 671(a)) is further amended—
Procedures.
Safe and Timely
Interstate
Placement of
Foster Children
Act of 2006.
42 USC 1305
note.
July 3, 2006
[H.R. 5403]
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PUBLIC LAW 109–239—JULY 3, 2006
(A) by striking ‘‘and’’ at the end of paragraph (24);
(B) by striking the period at the end of paragraph
(25) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(26) provides that—
‘‘(A)(i) within 60 days after the State receives from
another State a request to conduct a study of a home
environment for purposes of assessing the safety and suit-
ability of placing a child in the home, the State shall,
directly or by contract—
‘‘(I) conduct and complete the study; and
‘‘(II) return to the other State a report on the
results of the study, which shall address the extent
to which placement in the home would meet the needs
of the child; and
‘‘(ii) in the case of a home study begun on or before
September 30, 2008, if the State fails to comply with clause
(i) within the 60-day period as a result of circumstances
beyond the control of the State (such as a failure by a
Federal agency to provide the results of a background
check, or the failure by any entity to provide completed
medical forms, requested by the State at least 45 days
before the end of the 60-day period), the State shall have
75 days to comply with clause (i) if the State documents
the circumstances involved and certifies that completing
the home study is in the best interests of the child; except
that
‘‘(iii) this subparagraph shall not be construed to
require the State to have completed, within the applicable
period, the parts of the home study involving the education
and training of the prospective foster or adoptive parents;
‘‘(B) the State shall treat any report described in
subparagraph (A) that is received from another State or
an Indian tribe (or from a private agency under contract
with another State) as meeting any requirements imposed
by the State for the completion of a home study before
placing a child in the home, unless, within 14 days after
receipt of the report, the State determines, based on
grounds that are specific to the content of the report,
that making a decision in reliance on the report would
be contrary to the welfare of the child; and
‘‘(C) the State shall not impose any restriction on the
ability of a State agency administering, or supervising the
administration of, a State program operated under a State
plan approved under this part to contract with a private
agency for the conduct of a home study described in
subparagraph (A).’’.
(2) REPORT TO THE CONGRESS.—Within 12 months 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 written report on—
(A) how frequently States need the extended 75-day
period provided for in clause (ii) of section 471(a)(26)(A)
of the Social Security Act in order to comply with clause
(i) of such section;
Reports.
Deadline.
Contracts.
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120 STAT. 510
PUBLIC LAW 109–239—JULY 3, 2006
(B) the reasons given for utilizing the extended compli-
ance period;
(C) the extent to which utilizing the extended compli-
ance period leads to the resolution of the circumstances
beyond the control of the State; and
(D) the actions taken by States and any relevant Fed-
eral agencies to resolve the need for the extended compli-
ance period.
(3) SENSE OF THE CONGRESS.—It is the sense of the Con-
gress that each State should—
(A) use private agencies to conduct home studies when
doing so is necessary to meet the requirements of section
471(a)(26) of the Social Security Act; and
(B) give full faith and credit to any home study report
completed by any other State or an Indian tribe with
respect to the placement of a child in foster care or for
adoption.
(b) TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS.—
Part E of title IV of the Social Security Act (42 U.S.C. 670–679b)
is amended by inserting after section 473A the following:
‘‘SEC. 473B. TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS.
‘‘(a) GRANT AUTHORITY.—The Secretary shall make a grant
to each State that is a home study incentive-eligible State for
a fiscal year in an amount equal to the timely interstate home
study incentive payment payable to the State under this section
for the fiscal year, which shall be payable in the immediately
succeeding fiscal year.
‘‘(b) HOME STUDY INCENTIVE-ELIGIBLE STATE.—A State is a
home study incentive-eligible State for a fiscal year if—
‘‘(1) the State has a plan approved under this part for
the fiscal year;
‘‘(2) the State is in compliance with subsection (c) for the
fiscal year; and
‘‘(3) based on data submitted and verified pursuant to
subsection (c), the State has completed a timely interstate
home study during the fiscal year.
‘‘(c) DATA REQUIREMENTS.—
‘‘(1) IN GENERAL.—A State is in compliance with this sub-
section for a fiscal year if the State has provided to the Sec-
retary a written report, covering the preceding fiscal year,
that specifies—
‘‘(A) the total number of interstate home studies
requested by the State with respect to children in foster
care under the responsibility of the State, and with respect
to each such study, the identity of the other State involved;
‘‘(B) the total number of timely interstate home studies
completed by the State with respect to children in foster
care under the responsibility of other States, and with
respect to each such study, the identity of the other State
involved; and
‘‘(C) such other information as the Secretary may
require in order to determine whether the State is a home
study incentive-eligible State.
‘‘(2) VERIFICATION OF DATA.—In determining the number
of timely interstate home studies to be attributed to a State
under this section, the Secretary shall check the data provided
42 USC 673c
note.
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120 STAT. 511
PUBLIC LAW 109–239—JULY 3, 2006
by the State under paragraph (1) against complementary data
so provided by other States.
‘‘(d) TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS.—
‘‘(1) IN GENERAL.—The timely interstate home study incen-
tive payment payable to a State for a fiscal year shall be
$1,500, multiplied by the number of timely interstate home
studies attributed to the State under this section during the
fiscal year, subject to paragraph (2).
‘‘(2) PRO RATA ADJUSTMENT IF INSUFFICIENT FUNDS AVAIL-
ABLE.—If the total amount of timely interstate home study
incentive payments otherwise payable under this section for
a fiscal year exceeds the total of the amounts made available
pursuant to subsection (h) for the fiscal year (reduced (but
not below zero) by the total of the amounts (if any) payable
under paragraph (3) of this subsection with respect to the
preceding fiscal year), the amount of each such otherwise pay-
able incentive payment shall be reduced by a percentage equal
to—
‘‘(A) the total of the amounts so made available (as
so reduced); divided by
‘‘(B) the total of such otherwise payable incentive pay-
ments.
‘‘(3) APPROPRIATIONS AVAILABLE FOR UNPAID INCENTIVE PAY-
MENTS FOR PRIOR FISCAL YEARS.—
‘‘(A) IN GENERAL.—If payments under this section are
reduced under paragraph (2) or subparagraph (B) of this
paragraph for a fiscal year, then, before making any other
payment under this section for the next fiscal year, the
Secretary shall pay each State whose payment was so
reduced an amount equal to the total amount of the reduc-
tions which applied to the State, subject to subparagraph
(B) of this paragraph.
‘‘(B) PRO
RATA
ADJUSTMENT
IF
INSUFFICIENT
FUNDS
AVAILABLE.—If the total amount of payments otherwise
payable under subparagraph (A) of this paragraph for a
fiscal year exceeds the total of the amounts made available
pursuant to subsection (h) for the fiscal year, the amount
of each such payment shall be reduced by a percentage
equal to—
‘‘(i) the total of the amounts so made available;
divided by
‘‘(ii) the total of such otherwise payable payments.
‘‘(e) TWO-YEAR AVAILABILITY OF INCENTIVE PAYMENTS.—Pay-
ments to a State under this section in a fiscal year shall remain
available for use by the State through the end of the next fiscal
year.
‘‘(f) LIMITATIONS ON USE OF INCENTIVE PAYMENTS.—A State
shall not expend an amount paid to the State under this section
except to provide to children or families any service (including
post-adoption services) that may be provided under part B or E.
Amounts expended by a State in accordance with the preceding
sentence shall be disregarded in determining State expenditures
for purposes of Federal matching payments under sections 423,
434, and 474.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) HOME
STUDY.—The term ‘home study’ means an
evaluation of a home environment conducted in accordance
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120 STAT. 512
PUBLIC LAW 109–239—JULY 3, 2006
with applicable requirements of the State in which the home
is located, to determine whether a proposed placement of a
child would meet the individual needs of the child, including
the child’s safety, permanency, health, well-being, and mental,
emotional, and physical development.
‘‘(2) INTERSTATE HOME STUDY.—The term ‘interstate home
study’ means a home study conducted by a State at the request
of another State, to facilitate an adoptive or foster placement
in the State of a child in foster care under the responsibility
of the State.
‘‘(3) TIMELY INTERSTATE HOME STUDY.—The term ‘timely
interstate home study’ means an interstate home study com-
pleted by a State if the State provides to the State that
requested the study, within 30 days after receipt of the request,
a report on the results of the study. The preceding sentence
shall not be construed to require the State to have completed,
within the 30-day period, the parts of the home study involving
the education and training of the prospective foster or adoptive
parents.
‘‘(h) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—For payments under this section, there
are authorized to be appropriated to the Secretary—
‘‘(A) $10,000,000 for fiscal year 2007;
‘‘(B) $10,000,000 for fiscal year 2008;
‘‘(C) $10,000,000 for fiscal year 2009; and
‘‘(D) $10,000,000 for fiscal year 2010.
‘‘(2) AVAILABILITY.—Amounts appropriated under para-
graph (1) are authorized to remain available until expended.’’.
(c) REPEALER.—Effective October 1, 2010, section 473B of the
Social Security Act is repealed.
SEC. 5. SENSE OF THE CONGRESS.
It is the sense of the Congress that State agencies should
fully cooperate with any court which has authority with respect
to the placement of a child in foster care or for adoption, for
the purpose of locating a parent of the child, and such cooperation
should include making available all information obtained from the
Federal Parent Locator Service.
SEC. 6. CASEWORKER VISITS.
(a) PURCHASE OF SERVICES IN INTERSTATE PLACEMENT CASES.—
Section 475(5)(A)(ii) of the Social Security Act (42 U.S.C.
675(5)(A)(ii)) is amended by striking ‘‘or of the State in which
the child has been placed’’ and inserting ‘‘of the State in which
the child has been placed, or of a private agency under contract
with either such State’’.
(b) INCREASED VISITS.—Section 475(5)(A)(ii) of such Act (42
U.S.C. 675(5)(A)(ii)) is amended by striking ‘‘12’’ and inserting ‘‘6’’.
SEC. 7. HEALTH AND EDUCATION RECORDS.
Section 475 of the Social Security Act (42 U.S.C. 675) is
amended—
(1) in paragraph (1)(C)—
(A) by striking ‘‘To the extent available and accessible,
the’’ and inserting ‘‘The’’; and
(B) by inserting ‘‘the most recent information available
regarding’’ after ‘‘including’’; and
(2) in paragraph (5)(D)—
Effective date.
42 USC 673c and
note.
Deadline.
Reports.
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(A) by inserting ‘‘a copy of the record is’’ before ‘‘sup-
plied’’; and
(B) by inserting ‘‘, and is supplied to the child at
no cost at the time the child leaves foster care if the
child is leaving foster care by reason of having attained
the age of majority under State law’’ before the semicolon.
SEC. 8. RIGHT TO BE HEARD IN FOSTER CARE PROCEEDINGS.
(a) IN GENERAL.—Section 475(5)(G) of the Social Security Act
(42 U.S.C. 675(5)(G)) is amended—
(1) by striking ‘‘an opportunity’’ and inserting ‘‘a right’’;
(2) by striking ‘‘and opportunity’’ and inserting ‘‘and right’’;
and
(3) by striking ‘‘review or hearing’’ each place it appears
and inserting ‘‘proceeding’’.
(b) NOTICE OF PROCEEDING.—Section 438(b) of such Act (42
U.S.C. 638(b)) is amended by inserting ‘‘shall have in effect a
rule requiring State courts to ensure that foster parents, pre-adop-
tive parents, and relative caregivers of a child in foster care under
the responsibility of the State are notified of any proceeding to
be held with respect to the child, and’’ after ‘‘highest State court’’.
SEC. 9. COURT IMPROVEMENT.
Section 438(a)(1) of the Social Security Act (42 U.S.C.
629h(a)(1)) is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (C); and
(2) by adding at the end the following:
‘‘(E) that determine the best strategy to use to expedite
the interstate placement of children, including—
‘‘(i) requiring courts in different States to cooperate
in the sharing of information;
‘‘(ii) authorizing courts to obtain information and
testimony from agencies and parties in other States
without requiring interstate travel by the agencies and
parties; and
‘‘(iii) permitting the participation of parents, chil-
dren, other necessary parties, and attorneys in cases
involving interstate placement without requiring their
interstate travel; and’’.
SEC. 10. REASONABLE EFFORTS.
(a) IN GENERAL.—Section 471(a)(15)(C) of the Social Security
Act (42 U.S.C. 671(a)(15)(C)) is amended by inserting ‘‘(including,
if appropriate, through an interstate placement)’’ after ‘‘accordance
with the permanency plan’’.
(b) PERMANENCY HEARING.—Section 471(a)(15)(E)(i) of such Act
(42 U.S.C. 671(a)(15)(E)(i)) is amended by inserting ‘‘, which con-
siders in-State and out-of-State permanent placement options for
the child,’’ before ‘‘shall’’.
(c) CONCURRENT PLANNING.—Section 471(a)(15)(F) of such Act
(42 U.S.C. 671(a)(15)(F)) is amended by inserting ‘‘, including identi-
fying appropriate in-State and out-of-State placements’’ before
‘‘may’’.
SEC. 11. CASE PLANS.
Section 475(1)(E) of the Social Security Act (42 U.S.C. 675(1)(E))
is amended by inserting ‘‘to facilitate orderly and timely in-State
and interstate placements’’ before the period.
42 USC 629h.
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120 STAT. 514
PUBLIC LAW 109–239—JULY 3, 2006
LEGISLATIVE HISTORY—H.R. 5403:
CONGRESSIONAL RECORD, Vol. 152 (2006):
May 24, considered and passed House.
June 23, considered and passed Senate.
SEC. 12. CASE REVIEW SYSTEM.
Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C)
is amended—
(1) by inserting ‘‘, in the case of a child who will not
be returned to the parent, the hearing shall consider in-State
and out-of-State placement options,’’ after ‘‘living arrangement’’;
and
(2) by inserting ‘‘the hearing shall determine’’ before
‘‘whether the’’.
SEC. 13. USE OF INTERJURISDICTIONAL RESOURCES.
Section 422(b)(12) of the Social Security Act (42 U.S.C.
622(b)(12)) is amended—
(1) by striking ‘‘develop plans for the’’ and inserting ‘‘make’’;
(2) by inserting ‘‘(including through contracts for the pur-
chase of services)’’ after ‘‘resources’’; and
(3) by inserting ‘‘, and shall eliminate legal barriers,’’ before
‘‘to facilitate’’.
SEC. 14. EFFECTIVE DATE.
(a) IN GENERAL.—Except as otherwise provided in this section,
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
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 under part B or E of title IV of the
Social Security Act to meet the additional requirements imposed
by the amendments made by a provision of 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.
Approved July 3, 2006.
42 USC 622 note.
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