S 2900 ISCommentsClose CommentsPermalink

To provide States with the incentives, flexibility and resources to develop child welfare services that focus on improving circumstances for children, whether in foster care or in their own homes.CommentsClose CommentsPermalink

April 22, 2008

Mr. BROWN introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink

To provide States with the incentives, flexibility and resources to develop child welfare services that focus on improving circumstances for children, whether in foster care or in their own homes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

(a) Short Title- This Act may be cited as the `Partnership for Children and Families Act'.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents; references.CommentsClose CommentsPermalink

TITLE I--EXPANDED ELIGIBILITY FOR ADOPTION ASSISTANCE AND FOSTER CARE

Sec. 101. Adoption assistance.CommentsClose CommentsPermalink





Sec. 102. Foster care maintenance payments.CommentsClose CommentsPermalink

TITLE II--CHILD WELFARE REINVESTMENT FUNDING

Sec. 201. Child welfare reinvestment funding.CommentsClose CommentsPermalink

TITLE III--EFFECTIVE DATES

Sec. 301. Effective dates.CommentsClose CommentsPermalink





(c) 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 amendment or repeal shall be considered to be made to a section or other provision of the Social Security Act.CommentsClose CommentsPermalink

TITLE I--EXPANDED ELIGIBILITY FOR ADOPTION ASSISTANCE AND FOSTER CARE

SEC. 101. ADOPTION ASSISTANCE.

Section 473(a) (42 U.S.C. 673(a)) is amended by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





`(2)(A) For the purposes of paragraph (1)(B)(ii), a child meets the requirements of this paragraph if the child--CommentsClose CommentsPermalink





`(i)(I) at the time of the adoption proceedings were initiated, had been removed from his or her home--CommentsClose CommentsPermalink





`(aa) pursuant to a voluntary placement agreement with respect to which Federal payments are made under section 474; orCommentsClose CommentsPermalink





`(bb) as a result of a judicial determination to the effect that continuation therein would be contrary to the welfare of the child, including such determination made on account of a voluntary relinquishment;CommentsClose CommentsPermalink





`(II) was residing in a foster family home or in a child care institution with the child's minor parent as described in section 475(4)(B); andCommentsClose CommentsPermalink





`(ii) has been determined by the State, pursuant to subsection (c) to be a child with special needs.CommentsClose CommentsPermalink





`(B) A child who meets the requirements of subparagraph (A)(ii), who was determined eligible for adoption assistance payments under this part with respect to a prior adoption, and who is available for adoption because the prior adoption has been dissolved and the parental rights of the parents have been terminated or because the adoptive parents have died, shall be treated as meeting the requirements of this paragraph for the purposes of paragraph (1)(B)(ii).'.CommentsClose CommentsPermalink

SEC. 102. FOSTER CARE MAINTENANCE PAYMENTS.

(a) Elimination of Income Eligibility Requirement- Section 472(a) (42 U.S.C. 672(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking `if' and all that follows and inserting `if the removal and foster care placement met, and the placement continues to meet, the requirements of paragraph (2).'; andCommentsClose CommentsPermalink





(2) by striking paragraphs (3) and (4).CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 470 (42 U.S.C. 670) is amended by striking `who otherwise would have been eligible for assistance under the States plan approved under part A (as such plan was in effect on June 1, 1995)'.CommentsClose CommentsPermalink

TITLE II--CHILD WELFARE REINVESTMENT FUNDING

SEC. 201. CHILD WELFARE REINVESTMENT FUNDING.

Section 474 (42 U.S.C. 674) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(g) Child Welfare Reinvestment Fund-CommentsClose CommentsPermalink





`(1) IN GENERAL- Each State with a plan approved under this part for a fiscal year may submit to the Secretary an application to--CommentsClose CommentsPermalink





`(A) receive foster care maintenance payment savings achieved by reducing the total number of days children in the State experience in foster care during the fiscal year; andCommentsClose CommentsPermalink





`(B) use the savings to--CommentsClose CommentsPermalink





`(i) provide to children in the State family preservation services, family support services, time-limited family reunification services and adoption promotion and support services, as such terms are defined in section 431(a); andCommentsClose CommentsPermalink





`(ii) train the staff of State and local child welfare agencies, of child welfare service providers, or of providers of related services aimed at keeping children in their homes, on effective practices relating to the provision of any service referred to in this subparagraph.CommentsClose CommentsPermalink





`(2) CONTENTS OF APPLICATION- An application submitted by a State pursuant to this subsection shall contain--CommentsClose CommentsPermalink





`(A) an estimate of the the total number of placement days the State will experience for the fiscal year covered by the application, and a detailed description of the methodology used to make the estimate;CommentsClose CommentsPermalink





`(B) a plan which--CommentsClose CommentsPermalink





`(i) sets forth a detailed description of how any amount paid to the State under this subsection would be used as described in paragraph (1)(B) of this subsection;CommentsClose CommentsPermalink





`(ii) contains the assurances described in section 422(b)(8);CommentsClose CommentsPermalink





`(iii) does not impair the entitlement of any qualified child or family to benefits under the State plan approved under this part; andCommentsClose CommentsPermalink





`(iv) is consistent with any corrective action plan that the State may be implementing pursuant to section 1123A; andCommentsClose CommentsPermalink





`(C) such other information as the Secretary may require.CommentsClose CommentsPermalink





`(3) APPROVAL OF APPLICATIONS- Beginning October 1, 2008, the Secretary may approve an application submitted by a State pursuant to this subsection if--CommentsClose CommentsPermalink





`(A) the State and the Secretary have agreed on the State's estimate of the total number of placement days the State will experience for the fiscal year covered by the application; andCommentsClose CommentsPermalink





`(B) the approval of the application would not--CommentsClose CommentsPermalink





`(i) result in the State violating any assurances made by the State pursuant to section 422(b)(8); orCommentsClose CommentsPermalink





`(ii) result in the impairment of the entitlement of any qualified child or family to benefits under the State plan approved under this part.CommentsClose CommentsPermalink





`(4) PAYMENTS TO STATES-CommentsClose CommentsPermalink





`(A) IN GENERAL- In addition to any other payment under this part for a fiscal year for which a State application under this subsection is approved by the Secretary, the State shall be entitled to receive from the Secretary an amount equal to the lesser of--CommentsClose CommentsPermalink





`(i) the foster care maintenance payment savings achieved by the State for the fiscal year; orCommentsClose CommentsPermalink





`(ii) the Federal medical assistance percentage (as defined in section 1905(b)) of the total of the amounts expended by the State during the fiscal year to carry out any activity described in the application pursuant to paragraph (2)(B)(i) of this subsection and with respect to which amounts the State is not otherwise entitled to receive a payment from the Federal Government.CommentsClose CommentsPermalink





`(B) DETERMINATION OF SAVINGS-CommentsClose CommentsPermalink





`(i) IN GENERAL- For purposes of subparagraph (A)(i), the foster care maintenance payment savings achieved by a State for a fiscal year shall be an amount equal to--CommentsClose CommentsPermalink





`(I) the foster care maintenance unit cost of the State for the fiscal year; multiplied byCommentsClose CommentsPermalink





`(II) the amount (if any) by which the number of placement days estimated by the State for the fiscal year pursuant to paragraph (3)(A) exceeds the number of placement days experienced by the State during the fiscal year.CommentsClose CommentsPermalink





`(ii) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





`(I) FOSTER CARE MAINTENANCE UNIT COST- The term `foster care maintenance unit cost' means, with respect to a State and a fiscal year--CommentsClose CommentsPermalink

`(aa) the total amount payable to the State under subsection (a)(1) for the preceding fiscal year; divided byCommentsClose CommentsPermalink

`(bb) the total number of placement days experienced by the State in the preceding fiscal year.CommentsClose CommentsPermalink

`(II) PLACEMENT DAY- The term `placement day' means, with respect to a State, a calendar day during all or part of which a child (whether or not eligible for foster care maintenance payments under section 472(a)), other than a child who has been determined to be delinquent and is the subject of an agreement referred to in section 472(a)(2), has been removed from his home and placed into a family foster home, child care institution, or the home of a relative of the child (whether or not a foster care maintenance payment is made on behalf of the child to the family foster home, child care institution, or relative), and during which the State retains legal responsibility for the placement and care of the child.CommentsClose CommentsPermalink





`(C) TIMING- The Secretary shall make the payment to which a State is entitled under this subsection for a fiscal year, at the end of the fiscal year.CommentsClose CommentsPermalink





`(5) USE OF FUNDS-CommentsClose CommentsPermalink





`(A) IN GENERAL- A State to which funds are paid under this subsection may use the funds only in accordance with the approved application of the State under this subsection.CommentsClose CommentsPermalink





`(B) LIMITATION ON USE FOR STAFF COSTS- A State may not use any funds paid to the State under this subsection to cover the salaries or related costs of any staff of any State or local child welfare agency, except to the extent the staff are directly engaged in carrying out an activity referred to in paragraph (4)(A)(ii).CommentsClose CommentsPermalink





`(6) AVAILABILITY OF FUNDS- Funds paid to a State under paragraph (4) shall remain available to the State for expenditure through the end of the 5th fiscal year ending after the date paid.CommentsClose CommentsPermalink





`(7) REPORT- As soon as practicable after each fiscal year for which a State has received funds under this part, the State shall prepare and submit to the Secretary a written report on the services provided through use of the funds, and the effects of the provision of the services on the outcomes of children in the State.'.CommentsClose CommentsPermalink

TITLE III--EFFECTIVE DATES

SEC. 301. EFFECTIVE DATES.

(a) Adoption Assistance- The amendment made by section 101 shall take effect on October 1, 2008, and shall apply to adoption assistance agreements executed on or after that date.CommentsClose CommentsPermalink





(b) Foster Care Maintenance Payments- The amendments made by section 102 shall take effect on October 1, 2008, and shall apply to children removed from their home and placed into foster care on or after that date.CommentsClose CommentsPermalink





(c) Child Welfare Reinvestment Funding- The amendment made by section 201 shall take effect on October 1, 2008.CommentsClose CommentsPermalink