U.S. Congress - Text of S.3038 as Reported in Senate Improved Adoption Incentives and Relative Guardianship Support Act of 2008
S.3038 - Improved Adoption Incentives and Relative Guardianship Support Act of 2008
A bill to amend part E of title IV of the Social Security Act to extend the adoption incentives program, to authorize States to establish a relative guardianship program, to promote the adoption of children with special needs, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in Senate | 5,839 | n/a | n/a |
| Reported in Senate | 24,663 | 287 Show Changes Hide Changes | 86% |
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S 3038 ISRSCommentsClose CommentsPermalink
Calendar No. 972CommentsClose CommentsPermalink
110th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3038CommentsClose CommentsPermalink
[Report No. 110-467]CommentsClose CommentsPermalink
To amend part E of title IV of the Social Security Act to extend the adoption incentives program, to authorize States to establish a relative guardianship program, to promote the adoption of children with special needs, and for other purposes.CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
May 20, 2008CommentsClose CommentsPermalink
Mr. GRASSLEY (for himself, Mr. COCHRAN, Mr. ROCKEFELLER, Ms. COLLINS, Mrs. LINCOLN, Mr. SUNUNU, Mr. DORGAN, Mrs. HUTCHISON, Mr. HATCH, Mr. COLEMAN, Mr. BROWN, Ms. LANDRIEU, Mr. BAYH, Mr. JOHNSON, Mr. VOINOVICH, Mr. PRYOR, Mr. LEVIN, and Mr. NELSON of Nebraska) introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink
September 16, 2008CommentsClose CommentsPermalink
Reported by Mr. BAUCUS, with an amendmentCommentsClose CommentsPermalink
[Strike out all after the enacting clause and insert the part printed in italic]CommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To amend part E of title IV of the Social Security Act to extend the adoption incentives program, to authorize States to establish a relative guardianship program, to promote the adoption of children with special needs, and for other purposes.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.
(a) Short Title- This Act may be cited as the `‘Improved Adoption Incentives and Relative Guardianship Support Act of 2008'’. CommentsClose CommentsPermalink
(b) Table of Contents- Table of contents for this Act is as follows: CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents. CommentsClose CommentsPermalink
TITLE I--EXTENSION AND IMPROVEMENT OF ADOPTION INCENTIVES
Sec. 101. Extension of adoption incentives program. CommentsClose CommentsPermalink
Sec. 102. Promotion of adoption of children with special needs. CommentsClose CommentsPermalink
TITLE II--SUPPORT FOR RELATIVE GUARDIANSHIPS
Sec. 201. Relative guardianship assistance payments for children. CommentsClose CommentsPermalink
TITLE III--MISCELLANEOUSSec. 301 Sec. 202. Demonstration projects regarding licensing of immediate relative foster parents. CommentsClose CommentsPermalink
Sec. 203. Grants to carry out kinship navigator programs. CommentsClose CommentsPermalink
Sec. 204. Authority for comparisons and disclosures of information in the Federal Parent Locator Service for child welfare, foster care, and adoption assistance program purposes. CommentsClose CommentsPermalink
TITLE III--TRIBAL FOSTER CARE AND ADOPTION ACCESS
Sec. 301. Equitable access for foster care and adoption services for Indian children in tribal areas. CommentsClose CommentsPermalink
Sec. 302. Grants to States that successfully collaborate with and support Tribes to improve permanency outcomes for Indian children. CommentsClose CommentsPermalink
Sec. 303. Establishment of National Child Welfare Resource Center for Tribes. CommentsClose CommentsPermalink
TITLE IV--SUPPORT FOR OLDER CHILDREN IN FOSTER CARE AND OTHER PROVISIONS
Sec. 401. State option for children in foster care, and certain children in an adoptive or guardianship placement, after attaining age 18. CommentsClose CommentsPermalink
Sec. 402. Transition plan for children aging out of foster care. CommentsClose CommentsPermalink
Sec. 403. Educational stability. CommentsClose CommentsPermalink
TITLE V--REVENUE PROVISIONS
Sec. 501. Clarification of uniform definition of child. CommentsClose CommentsPermalink
Sec. 502. Collection of unemployment compensation debts resulting from fraud. CommentsClose CommentsPermalink
Sec. 503. Investment of operating cash. CommentsClose CommentsPermalink
TITLE I--EXTENSION AND IMPROVEMENT OF ADOPTION INCENTIVES
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SEC. 101. EXTENSION OF ADOPTION INCENTIVES PROGRAM.
(a) 5-Year Extension- Section 473A of the Social Security Act (
(1) in subsection (b)(4), by striking `in the case of fiscal years 2001 through 2007,';(2) in subsection (b)(5), by striking `1998 through 2007' and inserting `2008 through 2012';(3) in subsection (c)(2), by striking `each of fiscal years 2002 through 2007' and inserting `a fiscal year'‘in the case of fiscal years 2001 through 2007,’; CommentsClose CommentsPermalink
(2) in subsection (b)(5), by striking ‘1998 through 2007’ and inserting ‘2008 through 2012’; CommentsClose CommentsPermalink
(3) in subsection (c)(2), by striking ‘each of fiscal years 2002 through 2007’ and inserting ‘a fiscal year’; and CommentsClose CommentsPermalink
(4) in each of subsections (h)(1)(D) and (h)(2), by striking `2008' and inserting `2013'‘2008’ and inserting ‘2013’. CommentsClose CommentsPermalink
(b) Additional Incentive Payment for Exceeding the Highest Ever Foster Child Adoption Rate- CommentsClose CommentsPermalink
(1) IN GENERAL- Section 473A(d) of such Act (
(A) in paragraph (1), in the matter preceding subparagraph (A), by striking `paragraph (2)' and inserting `paragraphs (2) and (3)';(B) in paragraph (2), by striking `this section'‘paragraph (2)’ and inserting ‘paragraphs (2) and (3)’; CommentsClose CommentsPermalink
(B) in paragraph (2), by striking ‘this section’ each place it appears and inserting `paragraph (1)'‘paragraph (1)’; and CommentsClose CommentsPermalink
(C) by adding at the end the following new paragraph: CommentsClose CommentsPermalink
`‘(3) INCREASED INCENTIVE PAYMENT FOR EXCEEDING THE HIGHEST EVER FOSTER CHILD ADOPTION RATE- CommentsClose CommentsPermalink
`(A) IN GENERAL- If--` ‘(A) IN GENERAL- If-- CommentsClose CommentsPermalink
‘(i) for fiscal year 2009 or any fiscal year thereafter the total amount of adoption incentive payments payable under paragraph (1) are less than the amount appropriated under subsection (h) for the fiscal year; and CommentsClose CommentsPermalink
`(ii) a State's foster child adoption ‘(ii) a State’s foster child adoption rate for that fiscal year exceeds the highest ever foster child adoption rate determined for the State, CommentsClose CommentsPermalink
then the adoption incentive payment otherwise determined under paragraph (1) for the State shall be increased, subject to subparagraph (C), by the amount determined for the State under subparagraph (B).` (B). CommentsClose CommentsPermalink
‘(B) AMOUNT OF INCREASE- For purposes of subparagraph (A), the amount determined under this subparagraph with respect to a State and a fiscal year is the amount equal to the product of-- CommentsClose CommentsPermalink
`(i) $1,000; and`(ii) the excess of--` ‘(i) $1,000; and CommentsClose CommentsPermalink
‘(ii) the excess of-- CommentsClose CommentsPermalink
‘(I) the number of foster child adoptions in the State in the fiscal year; over CommentsClose CommentsPermalink
`‘(II) the product (rounded to the nearest whole number) of-- CommentsClose CommentsPermalink
`‘(aa) the highest ever foster child adoption rate determined for the State; and CommentsClose CommentsPermalink
`(bb) the number of children in foster care under the ‘(bb) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year. CommentsClose CommentsPermalink
`‘(C) PRO RATA ADJUSTMENT IF INSUFFICIENT FUNDS AVAILABLE- For any fiscal year, if the total amount of increases in adoption incentive payments otherwise payable under this paragraph for a fiscal year exceeds the amount available for such increases for the fiscal year, the amount of the increase payable to each State under this paragraph for the fiscal year shall be-- CommentsClose CommentsPermalink
`‘(i) the amount of the increase that would otherwise be payable to the State under this paragraph for the fiscal year; multiplied by CommentsClose CommentsPermalink
`‘(ii) the percentage represented by the amount so available for the fiscal year, divided by the total amount of increases otherwise payable under this paragraph for the fiscal year.'’. CommentsClose CommentsPermalink
(2) DEFINITIONS- Subsection (g) of section 473A of such Act (
) is amended by adding at the end the following: CommentsClose CommentsPermalink 42 U.S.C. 673b `‘(7) HIGHEST EVER FOSTER CHILD ADOPTION RATE- The term `‘highest ever foster child adoption rate'’ means, with respect to any fiscal year, the highest foster child adoption rate determined for any fiscal year in the period that begins with fiscal year 1998 and ends with the preceding fiscal year. CommentsClose CommentsPermalink
`‘(8) FOSTER CHILD ADOPTION RATE- The term `foster child adoption rate'‘foster child adoption rate’ means, with respect to a State and a fiscal year, the percentage determined by dividing-- CommentsClose CommentsPermalink
`‘(A) the number of foster child adoptions finalized in the State during the fiscal year; by CommentsClose CommentsPermalink
`(B) the number of children in foster care under the ‘(B) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year.'’. CommentsClose CommentsPermalink
(3) CONFORMING AMENDMENTS- CommentsClose CommentsPermalink
(A) STATE ELIGIBILITY- Section 473A(b)(2) of such Act (
) is amended-- CommentsClose CommentsPermalink 42 U.S.C. 673b(b)(2)
(i) in subparagraph (A), by striking `or' at the end;(ii) in subparagraph (B), by striking the period at the end and inserting `; or'; and(iii) by adding at the ‘or’ at the end; CommentsClose CommentsPermalink
(ii) in subparagraph (B), by striking the period at the end and inserting ‘; or’; and CommentsClose CommentsPermalink
(iii) by adding at the end the following: CommentsClose CommentsPermalink
`(C) the State's foster child adoption ‘(C) the State’s foster child adoption rate for the fiscal year exceeds the highest ever foster child adoption rate determined for the State;'’. CommentsClose CommentsPermalink
(B) DATA- Section 473A(c)(2) of such Act (
), as amended by subsection (a)(3), is amended by inserting `‘, and the foster child adoption rate for the State for the fiscal year,' after `during a fiscal year,'’ after ‘during a fiscal year,’. CommentsClose CommentsPermalink 42 U.S.C. 673b(c)(2) (c) Increase in Incentive Payments for Special Needs Adoptions and Older Child Adoptions- Section 473A(d)(1) of such Act (
) is further amended-- CommentsClose CommentsPermalink 42 U.S.C. 673b(d)(1)
(1) in subparagraph (C), as redesignated by subsection (b), by striking `$2,000' and inserting `$3,000'; and(2) in subparagraph (D), as so redesignated, by striking `$4,000' and inserting `$8,000'B), by striking ‘$2,000’ and inserting ‘$3,000’; and CommentsClose CommentsPermalink
(2) in subparagraph (C), by striking ‘$4,000’ and inserting ‘$8,000’. CommentsClose CommentsPermalink
(d) Updating of Fiscal Year Used in Determining Base Numbers of Adoptions- Section 473A(g) of such Act (
) is amended-- CommentsClose CommentsPermalink 42 U.S.C. 673b(g)
(1) in paragraph (3), by striking `means'‘means’ and all that follows and inserting `‘means, with respect to any fiscal year, the number of foster child adoptions in the State in fiscal year 2007.';(2) in paragraph (4)--(A) by inserting `’; CommentsClose CommentsPermalink
(2) in paragraph (4)-- CommentsClose CommentsPermalink
(A) by inserting ‘that are not older child adoptions' before `for a State'; and(B) by striking `means'’ before ‘for a State’; and CommentsClose CommentsPermalink
(B) by striking ‘means’ and all that follows and inserting `‘means, with respect to any fiscal year, the number of special needs adoptions that are not older child adoptions in the State in fiscal year 2007.'’; and CommentsClose CommentsPermalink
(3) in paragraph (5), by striking `means'‘means’ and all that follows and inserting `‘means, with respect to any fiscal year, the number of older child adoptions in the State in fiscal year 2007.'’. CommentsClose CommentsPermalink
(e) 24-Month Availability of Payments to States- Section 473A(e) of such Act (
) is amended-- CommentsClose CommentsPermalink 42 U.S.C. 673b(e)
(1) in the subsection heading, by striking `2-Year' and inserting `24-Month'; and(2) by striking `through the end of the succeeding fiscal year' and inserting `‘2-Year’ and inserting ‘24-Month’; and CommentsClose CommentsPermalink
(2) by striking ‘through the end of the succeeding fiscal year’ and inserting ‘for a period of 24 months beginning with the month in which the payments are made'’. CommentsClose CommentsPermalink
SEC. 102. PROMOTION OF ADOPTION OF CHILDREN WITH SPECIAL NEEDS.
(a) Elimination of Eligibility Based on AFDC and SSI Income Standards- Section 473(a)(2) of the Social Security Act (
(1) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following: CommentsClose CommentsPermalink
`‘(i)(I) at the time of termination of parental rights was in the care of a public or licensed private child placement agency or Indian tribal organization pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, and the State has determined, pursuant to criterion or criteria established by the State (which may, but need not, include a judicial determination), that continuation in the home would be contrary to the safety or welfare of such child; CommentsClose CommentsPermalink
`‘(II) meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits; or CommentsClose CommentsPermalink
`‘(III) was residing in a foster family home or child care institution with the child'’s minor parent, provided that the child'’s minor parent was in such foster family home or child care institution pursuant to a voluntary placement agreement, relinquishment, or involuntary removal of the child from the home, and the State has determined, pursuant to criterion or criteria established by the State (which may, but need not, include judicial determination), that continuation in the home would be contrary to the safety or welfare of such child; and CommentsClose CommentsPermalink
`(ii) has been determined by the State, pursuant to subsection ‘(ii) has been determined by the State, pursuant to subsection (c), to be a child with special needs, which needs shall be considered by the State, together with the circumstances of the adopting parents, in determining the amount of any payments to be made to the adopting parents.'; and(2) by striking subparagraph (C) and inserting the following:`.’; and CommentsClose CommentsPermalink
(2) by striking subparagraph (C)A child who meets the requirements of and inserting the following: CommentsClose CommentsPermalink
‘(C) 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 (or who would have been determined eligible for such payments had the Adoption and Safe Families Act of 1997 been in effect at the time that such determination would have been made), and who is available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child'’s adoptive parents have died, shall be treated as meeting the requirements of this paragraph for purposes of paragraph (1)(B)(ii).'’. CommentsClose CommentsPermalink
(b) Exception- Section 473(a) of the Social Security Act (
`(7)(A) Notwithstanding any other ‘(7)(A) Notwithstanding any other provision of this subsection, no payment may be made to parents with respect to any child that-- CommentsClose CommentsPermalink
`‘(i) would be considered a child with special needs under subsection (c); CommentsClose CommentsPermalink
`‘(ii) is not a citizen or resident of the United States; and CommentsClose CommentsPermalink
`‘(iii) was adopted outside of the United States or was brought into the United States for the purpose of being adopted. CommentsClose CommentsPermalink
`‘(B) Subparagraph (A) shall not be construed as prohibiting payments under this part for a child described in subparagraph (A) that is placed in foster care subsequent to the failure, as determined by the State, of the initial adoption of such child by the parents described in such subparagraph.'’. CommentsClose CommentsPermalink
(c) Requirement for Use of State Savings- Section 473(a) of the Social Security Act (
`‘(8) A State shall spend an amount equal to the amount of savings (if any) in State expenditures under this part resulting from the application of paragraph (2) on and after the effective date of the amendments to such paragraph made by section 102(a) of the Improved Adoption Incentives and Relative Guardianship Support Act of 2008 to provide to children or families any service (including post-adoption services) that may be provided under this part or part B.'’. CommentsClose CommentsPermalink
(d) Determination of a Child With Special Needs- Section 473(c) of the Social Security Act (
`‘(c) For purposes of this section, a child shall not be considered a child with special needs unless-- CommentsClose CommentsPermalink
`(1) the State has determined, pursuant to a‘(1) the State has determined, pursuant to a criterion or criteria established by the State (which may or may not, but need not, include a judicial determination), that the child cannot or should not be returned to the home of his parents; and CommentsClose CommentsPermalink
`(2) the State has determined--` ‘(2) the State has determined-- CommentsClose CommentsPermalink
‘(A) that there exists with respect to the child a specific factor or condition (such as ethnic background, age, or membership in a minority or sibling group, or the presence of factors such as medical conditions or physical, mental, or emotional handicaps) because of which it is reasonable to conclude that the child cannot be placed with adoptive parents without providing adoption assistance under this section and medical assistance under title XIX; and CommentsClose CommentsPermalink
`‘(B) that except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents while in the care of such parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate adoptive parents without providing adoption assistance under this section or medical assistance under title XIX. CommentsClose CommentsPermalink
A child who meets all medical or disability requirements of title XVI with respect to eligibility for supplemental security income benefits shall be deemed to be a child for whom the determination required by subparagraph (A) of paragraph (2) has been made.'’. CommentsClose CommentsPermalink
(e) Effective Date- CommentsClose CommentsPermalink
The amendments made by this section shall take effect on October 1, 2008, and(1) IN GENERAL- Subject to paragraph (2), the amendments made by this section shall apply to adoption assistance agreements executed on or after that datentered into on or after October 1, 2012. CommentsClose CommentsPermalink
(2) EARLIER PHASED-IN APPLICATION ON THE BASIS OF AGE- In the case of any adoption assistance agreement entered into on or after-- CommentsClose CommentsPermalink
(A) October 1, 2010, the amendments made by this section shall apply to the agreement if the child on whose behalf the agreement is entered into has attained age 12 on or before the date on which the agreement is executed; and CommentsClose CommentsPermalink
(B) October 1, 2011, the amendments made by this section shall apply to the agreement if the child on whose behalf the agreement is entered into has attained age 6 on or before the date on which the agreement is executed. CommentsClose CommentsPermalink
TITLE II--SUPPORT FOR RELATIVE GUARDIANSHIPS
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SEC. 201. RELATIVE GUARDIANSHIP ASSISTANCE PAYMENTS FOR CHILDREN.
(a) Option for States To Enhance and Subsidize a Relative Guardianship Program- CommentsClose CommentsPermalink
(1) STATE PLAN AMENDMENT- Section 471(a)(1) of the Social Security Act (
(A) by inserting `(A)' after `provides';(B) by adding `and'‘(A)’ after ‘provides’; CommentsClose CommentsPermalink
(B) by adding ‘and’ after the semicolon; and CommentsClose CommentsPermalink
(C) by adding at the end the following: CommentsClose CommentsPermalink
`‘(B) at the option of the State, provides for relative guardianship assistance payments in accordance with subsection (d) of section 473;'’. CommentsClose CommentsPermalink
(b) Requirements- Section 473 of such Act (
`‘(d) Relative Guardianship Assistance Payments for Children- CommentsClose CommentsPermalink
`‘(1) RELATIVE GUARDIANSHIP ASSISTANCE AGREEMENT- CommentsClose CommentsPermalink
`‘(A) IN GENERAL- In order to receive payments under section 474(a)(5), a State shall-- CommentsClose CommentsPermalink
`(i) ‘(i) negotiate and enter into a written, binding relative guardianship assistance agreement with the relative guardian of a child who meets the requirements of paragraph (3)(B);`(ii) provide the relative and CommentsClose CommentsPermalink
‘(ii) provide the relative guardian with a copy of the agreement; and`(iii) certify that any child on whose behalf relative guardianship assistance payments are made under the agreement shall be provided medical assistance under title XIX in accordance with section 1902(a)(10)(A)(i)(I).`. CommentsClose CommentsPermalink
‘(B) MINIMUM REQUIREMENTS- The agreement shall specify, at a minimum-- CommentsClose CommentsPermalink
`‘(i) the amount of, and manner in which, each relative guardianship assistance payment will be provided under the agreement; CommentsClose CommentsPermalink
`(ii) the additional services and assistance that the child and relative ‘(ii) the additional services and assistance that the child and relative guardian will be eligible for under the agreement; CommentsClose CommentsPermalink
`‘(iii) the procedure by which the relative guardian may apply for additional services as needed, provided the agency and relative guardian agree on the additional services as specified in the agreement; and CommentsClose CommentsPermalink
`‘(iv) that the State will pay up to $2,000 of nonrecurring expenses associated with obtaining legal guardianship of the child. CommentsClose CommentsPermalink
`‘(C) INTERSTATE APPLICATION- The agreement shall provide that the agreement shall remain in effect without regard to the State residency of the relative guardian. CommentsClose CommentsPermalink
`‘(D) FEDERAL REIMBURSEMENT OF NONRECURRING EXPENSES- A State'’s payment of nonrecurring guardianship expenses under a relative guardianship assistance agreement in accordance with subparagraph (B)(iv) shall be treated as a direct expenditure made for the proper and efficient administration of the State plan for purposes of section 474(a)(3)(E). CommentsClose CommentsPermalink
`(2) ‘(2) RELATIVE GUARDIANSHIP ASSISTANCE PAYMENT- CommentsClose CommentsPermalink
`‘(A) IN GENERAL- Subject to subparagraphs (B) and (C), the relative guardianship assistance payment shall be based on consideration of the circumstances of the relative guardian and the needs of the child. CommentsClose CommentsPermalink
`‘(B) MINIMUM AND MAXIMUM PAYMENT- A relative guardianship assistance payment shall not be less than the adoption assistance payment the State would have made on behalf of the child under an adoption assistance agreement entered into under subsection (a) and shall not exceed the foster care maintenance payment which would have been paid if the child had remained in a foster family home. CommentsClose CommentsPermalink
`‘(C) PERIODIC ADJUSTMENTS- A relative guardianship assistance payment may be readjusted periodically, with the concurrence of the relative guardian (which may be specified in the relative guardianship assistance agreement), depending upon changes in the circumstances of the relative guardian and the needs of the child. CommentsClose CommentsPermalink
`(D) LIMITATION- No relative guardianship assistance payment may be made to a relative guardian for any child who has attained 18 years of age.`(3) Child'‘(3) Child’S ELIGIBILITY FOR A RELATIVE GUARDIANSHIP ASSISTANCE PAYMENT- CommentsClose CommentsPermalink
`‘(A) IN GENERAL- A child is eligible for a relative guardianship assistance payment under this subsection if the State agency determines the following: CommentsClose CommentsPermalink
`(i) The child--` ‘(i) The child-- CommentsClose CommentsPermalink
‘(I) has been removed from his or her home pursuant to a voluntary placement agreement or as a result of a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; and CommentsClose CommentsPermalink
`‘(II) in the month prior to the establishment of the legal guardianship, is eligible for foster care maintenance payments under section 472. CommentsClose CommentsPermalink
`(ii‘(ii)(I) Being returned home or adopted are not appropriate permanency options for the child. CommentsClose CommentsPermalink
` ‘(II) In the case of a child who has been removed from the home for reasons primarily associated with parental substance abuse and addiction, attempts to engage the family in residential, comprehensive family treatment programs are inappropriate or have been unsuccessful or such programs are unavailable. CommentsClose CommentsPermalink
‘(iii) The child demonstrates a strong attachment to the relative guardian and the relative guardian has a strong commitment to caring permanently for the child. CommentsClose CommentsPermalink
`(iv) ‘(iv) The relative guardian satisfies the requirements of subparagraph (B). CommentsClose CommentsPermalink
`‘(v) With respect to a child who has attained 14 years of age, the child has been consulted regarding the relative guardianship arrangement. CommentsClose CommentsPermalink
`‘(B) REQUIREMENTS FOR RELATIVE GUARDIANS- A relative guardian satisfies the requirements of this subparagraph if the relative-- CommentsClose CommentsPermalink
`‘(i) is the grandparent or other relative of a child on whose behalf relative guardianship assistance payments are to be made; CommentsClose CommentsPermalink
`‘(ii) has satisfied the background checks required under section 471(a)(20); CommentsClose CommentsPermalink
`(iii) has met the State's requirements established under section 471(a)(10) to be a foster ‘(iii) has met the State’s requirements established under section 471(a)(10) to be a foster family home; and CommentsClose CommentsPermalink
`‘(iv) assumes legal guardianship of such child and commits to caring for the child on a permanent basis. CommentsClose CommentsPermalink
`‘(C) TREATMENT OF SIBLINGS- With respect to a child described in subparagraph (A) whose sibling or siblings are not so described-- CommentsClose CommentsPermalink
`‘(i) the child and any sibling of the child shall be placed in the same relative guardianship arrangement unless it can be demonstrated that it is inappropriate to do so; and CommentsClose CommentsPermalink
`(ii) relative guardianship assistance payments may be paid for the child and each ‘(ii) relative guardianship assistance payments may be paid for the child and each sibling so placed.'’. CommentsClose CommentsPermalink
(c) Payments to States- CommentsClose CommentsPermalink
(1) IN GENERAL- Section 474(a) of such Act (
(A) in paragraph (3)(B), by striking `‘foster or adoptive parents and the members of the staff of State-licensed or State-approved child care institutions providing care to foster and adopted children receiving assistance under this part, in ways that increase the ability of such current or prospective parents, staff members, and institutions to provide support and assistance to foster and adopted children,' and inserting `’ and inserting ‘foster parents, adoptive parents, or relative guardians and the members of the staff of State-licensed or State-approved child care institutions providing care to foster children, adoptive children, or children living with a relative guardian, who are receiving assistance under this part, in ways that increase the ability of such current or prospective parents, relative guardians, staff members, and institutions to provide support and assistance to foster children, adoptive children, or children living with a relative guardian,';(B) in paragraph ’; CommentsClose CommentsPermalink
(B) in paragraph (4)(B), by striking the period at the end and inserting `; plus'; and(C) by adding at the end the following:`‘; plus’; and CommentsClose CommentsPermalink
(C) by adding at the end the following: CommentsClose CommentsPermalink
‘(5) an amount equal to the Federal medical assistance percentage (as defined in section 1905(b)) of the total amount expended during such quarter as relative guardianship assistance payments under section 473(d) pursuant to relative guardianship assistance agreements.'’. CommentsClose CommentsPermalink
(2) INCENTIVE PAYMENTS FOR RELATIVE GUARDIANSHIP PLACEMENT- CommentsClose CommentsPermalink
(A) IN GENERAL- Section 473A of the Social Security Act (
`‘(j) Incentive Payments for Relative Guardianship Placements- CommentsClose CommentsPermalink
`‘(1) USE OF UNAWARDED ADOPTION INCENTIVE FUNDS TO MAKE RELATIVE GUARDIANSHIP INCENTIVE PAYMENTS- If in any fiscal year the total amount of adoption incentive payments payable under subsection (d) are less than the amount appropriated under subsection (h) for the fiscal year, States that have established a relative guardianship assistance program under section 471(a)(1)(B) shall be awarded, in addition to any adoption incentive payments made to such States under subsection (d), relative guardianship incentive payments from the portion of such amount that is in excess of the total amount of adoption incentive payments to be made under such subsection for such fiscal year. CommentsClose CommentsPermalink
`‘(2) PAYMENT AMOUNT- Subject to paragraph (3), the relative guardianship incentive payment payable to a State for a fiscal year under this subsection shall be equal to-- CommentsClose CommentsPermalink
`‘(A) in the case of the first fiscal year in which the State establishes a relative guardianship assistance program under section 471(a)(1)(B), the product of $1,000 and the number of relative guardianship assistance agreements entered into under section 473(d) in the State during that fiscal year; and CommentsClose CommentsPermalink
`(B) in the case of any ‘(B) in the case of any succeeding fiscal year, the product of $1,000 and the amount (if any) by which the number of relative guardianship assistance agreements entered into under section 473(d) in the State for the fiscal year exceed the base number of relative guardianship assistance agreements in the State for the fiscal year. CommentsClose CommentsPermalink
`‘(3) PRO RATA ADJUSTMENT IF INSUFFICIENT FUNDS AVAILABLE- For any fiscal year, if the total amount of relative guardianship incentive payments otherwise payable under this subsection for a fiscal year exceeds the amount available for such payments for the fiscal year, the amount of the relative guardianship incentive payment payable to each State under this subsection for the fiscal year shall be-- CommentsClose CommentsPermalink
`‘(A) the amount of the relative guardianship incentive payment that would otherwise be payable to the State under this subsection for the fiscal year; multiplied by CommentsClose CommentsPermalink
`‘(B) the percentage represented by the amount so available for the fiscal year, divided by the total amount of relative guardianship incentive payments otherwise payable under this section for the fiscal year.'’. CommentsClose CommentsPermalink
(B) DEFINITION OF BASE NUMBER OF RELATIVE GUARDIANSHIP ASSISTANCE AGREEMENTS- Subsection (g) of section 473A of such Act (
), as amended by section 101(b)(2), is amended byadding at the end the following:` adding at the end the following: CommentsClose CommentsPermalink 42 U.S.C. 673b ‘(9) BASE NUMBER OF RELATIVE GUARDIANSHIP ASSISTANCE AGREEMENTS- The term `base number of relative guardianship assistance agreements'‘base number of relative guardianship assistance agreements’ means, with respect to a fiscal year, the number of relative guardianship assistance agreements entered into under section 473(d) in the State in the fiscal year for which the number is the greatest in the period that begins with the first fiscal year in which the State establishes a relative guardianship assistance program under section 471(a)(1)(B) and ends with the preceding fiscal year.'’. CommentsClose CommentsPermalink
(C) CONFORMING AMENDMENT- Subsection (f) of section 473A of such Act (
) is amended by inserting `and relative navigator and support services' after `post-adoption services'‘and relative navigator and support services’ after ‘post-adoption services’. CommentsClose CommentsPermalink 42 U.S.C. 673b
(d) Maintaining Eligibility for Adoption Assistance Program- Section 473(a) and Title XIX- Section 473 of the Social Security Act (
(1) in subsection (a), as amended by subsections (b) and (c) of section 102, is amended by adding at the end the following:`(9) A child on by adding at the end the following: CommentsClose CommentsPermalink
‘(9) A child on whose behalf relative guardianship assistance payments have been made under section 473(d) and who pursuant to subsection (c) has been determined to be a child with special needs, shall be eligible for adoption assistance as if no relative guardianship assistance agreement or payments had been made. The State shall make payments of nonrecurring adoption expenses under this section to the adoptive parents of such a child.'’; and CommentsClose CommentsPermalink
(2) in subsection (b)(3)-- CommentsClose CommentsPermalink
(A) in subparagraph (A)(ii), by striking ‘or’ at the end; CommentsClose CommentsPermalink
(B) in subparagraph (B), by striking the period at the end and inserting ‘, or’; and CommentsClose CommentsPermalink
(C) by adding at the end the following: CommentsClose CommentsPermalink
‘(C) with respect to whom relative guardianship assistance payments are being made under subsection (d).’. CommentsClose CommentsPermalink
(e) Eligibility for Independent Living Services and Education and Training Vouchers for Children Who Exit Foster Care for Relative Guardianship or Adoption After Age 16- CommentsClose CommentsPermalink
(1) INDEPENDENT LIVING SERVICES- Section 477(a) of such Act (
(A) by striking `and' at the end of paragraph (5);(B) by striking the period at the end of paragraph (6) and inserting `; and'; and(C) by adding at the end the following:`‘and’ at the end of paragraph (5); CommentsClose CommentsPermalink
(B) by striking the period at the end of paragraph (6) and inserting ‘; and’; and CommentsClose CommentsPermalink
(C) by adding at the end the following: CommentsClose CommentsPermalink
‘(7) to provide the services referred to in this subsection to children who, after attaining 16 years of age, have left foster care for relative guardianship or adoption.'’. CommentsClose CommentsPermalink
(2) EDUCATION AND TRAINING VOUCHERS- Section 477(i)(2) of such Act (
(f) Notice Requirements- CommentsClose CommentsPermalink
(1) IV-E STATE PLAN REQUIREMENTS- CommentsClose CommentsPermalink
(A) NOTICE TO RELATIVES- Section 471(a)(19) of such Act (
(i) by striking `that the State' and inserting `that--`(A) the State'‘that the State’ and inserting ‘that-- CommentsClose CommentsPermalink
‘(A) the State’; and CommentsClose CommentsPermalink
(ii) by adding at the end the following: CommentsClose CommentsPermalink
`‘(B) within 60 days of the removal of the child from the custody of the child'’s parent or parents, the State shall exercise due diligence to identify and provide notice to all adult grandparents and other adult relatives of the child (including any other adult relatives suggested by the parents), subject to exceptions due to family or domestic violence, that-- CommentsClose CommentsPermalink
`‘(i) specifies that the child has been or is being removed from the custody of the child'’s parent or parents; CommentsClose CommentsPermalink
`‘(ii) explains the options the relative has under Federal, State, and local law to participate in the child'’s care and placement, including any options that may be lost by failing to respond to the notice; CommentsClose CommentsPermalink
`(iii) describes the requirements under section 471(a)‘(iii) describes the requirements under paragraph (10) to become a foster family home and the additional services and supports that are available for children placed in such a home; and CommentsClose CommentsPermalink
`(iv) if the State has ‘(iv) if the State has elected the option to make relative guardianship assistance payments under paragraph (1)(B), describes how the relative may enter into an agreement with the State under section 473(d) to receive such payments; and CommentsClose CommentsPermalink
`(C) with respect to any ‘(C) with respect to any minor child (excluding minor heads of households and their spouses) receiving assistance under the State program funded under part A (or under a State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i))) who is in the care of a nonparent caretaker relative as a result of interaction with the State agency responsible for administering the program authorized under this part, and who does not have a parent in the home, the State shall provide the nonparent caretaker relative with notice that-- CommentsClose CommentsPermalink
`‘(i) explains the options the relative has under Federal, State, and local law to participate in the child'’s care and placement, including any options that may be lost by failing to respond to the notice; CommentsClose CommentsPermalink
`‘(ii) describes the requirements under section 471(a)(10) to become a foster family home and the additional services and supports that are available for children placed in such a home; and CommentsClose CommentsPermalink
`(iii) if the State has ‘(iii) if the State has elected the option to make relative guardianship assistance payments under paragraph (1)(B), describes how the relative may enter into an agreement under section 473(d) with the State to receive such payments;'’. CommentsClose CommentsPermalink
(B) INFORMATION ON ADOPTION TAX CREDIT- Section 471(a) of such Act (
(i) by striking `and' at the end of paragraph (26);(ii) by striking the period at the end of paragraph (27) and inserting `; and'; and(iii) by adding at the ‘and’ at the end of paragraph (26); CommentsClose CommentsPermalink
(ii) by striking the period at the end of paragraph (27) and inserting ‘; and’; and CommentsClose CommentsPermalink
(iii) by adding at the end the following: CommentsClose CommentsPermalink
`‘(28) provides that the State will inform any individual who is adopting, or whom the State is made aware is considering adopting, a child who is in foster care under the responsibility of the State of the potential eligibility of the individual for a Federal tax credit (under section 23 of the Internal Revenue Code) of 1986 (without the need to document any adoption-related expenses.', in the case of the adoption of a child with special needs (as defined in section 23(d)(3) of such Code)).’. CommentsClose CommentsPermalink
(2) TANF PENALTY FOR FAILURE TO PROVIDE NOTICE- Section 409(a) of such Act (
`‘(16) PENALTY FOR NONCOMPLIANCE WITH NOTICE REQUIREMENTS FOR RELATIVES UNDER PART E- CommentsClose CommentsPermalink
`‘(A) IN GENERAL- If the Secretary determines that a State to which a grant is made under section 403 in a fiscal year has not exercised the due diligence required under section 471(a)(19)(C) during the fiscal year, the Secretary shall reduce the grant payable to the State under section 403(a)(1) for the immediately succeeding fiscal year by an amount equal to not less than 1 percent and not more than 3.5 percent of the State family assistance grant. CommentsClose CommentsPermalink
`‘(B) PENALTY BASED ON SEVERITY OF FAILURE- The Secretary shall impose reductions under subparagraph (A) with respect to a fiscal year based on the degree of noncompliance.'’. CommentsClose CommentsPermalink
(g) Case Plan Requirements- Section 475(1) of such Act (
`(F) In the case of a child with ‘(F) In the case of a child with respect to whom the permanency plan is placement with a relative and receipt of relative guardianship assistance payments under section 473(d), a description of-- CommentsClose CommentsPermalink
`‘(i) the steps that the agency has taken to determine that it is not appropriate for the child to be returned home or adopted; CommentsClose CommentsPermalink
`‘(ii) the reasons why a permanent placement with a fit and willing relative through a relative guardianship assistance arrangement is in the child'’s best interests; CommentsClose CommentsPermalink
`‘(iii) the ways in which the child meets the eligibility requirements for a relative guardianship assistance payment; CommentsClose CommentsPermalink
`‘(iv) the efforts the agency has made to discuss adoption by the child'’s relative guardian who is to receive such payments as a more permanent alternative to legal guardianship and, in the case of such a relative guardian who has chosen not to pursue adoption, documentation of the reasons therefor; and CommentsClose CommentsPermalink
`(v) the efforts made by the State ‘(v) the efforts made by the State agency to secure the consent of the child'’s parent or parents to the relative guardianship assistance arrangement, or the reasons why the efforts were not made.'’. CommentsClose CommentsPermalink
(h) Requirement To Conduct Criminal Records and Child Abuse and Neglect Registry Checks- Section 471(a)(20) of such Act (
(1) in subparagraph (A), in the matter preceding clause (i) by striking `‘foster or adoptive parent before the foster or adoptive parent may be finally approved for placement of a child on whose behalfregardless of whether foster care maintenance payments or adoption assistance payments' and inserting `’ and inserting ‘foster parent, adoptive parent, or relative guardian before the foster parent, adoptive parent, or relative guardian may be finally approved for placement of a child on whose behalfregardless of whether foster care maintenance payments, adoption assistance payments, or relative guardianship assistance payments'’; and CommentsClose CommentsPermalink
(2) in subparagraph (B)(i) (as redesignated by section 152(b)(2) of
(i) Effective Date- The amendments made by this section shall take effect on October 1, 2008, and shall apply to relative guardianship assistance agreements executed on or after that date. CommentsClose CommentsPermalink
TITLE III--MISCELLANEOUS SEC. 301
SEC. 202. DEMONSTRATION PROJECTS REGARDING LICENSING OF IMMEDIATE RELATIVE FOSTER PARENTS.
Title XI of the Social Security Act (
‘SEC. 1130B. DEMONSTRATION PROJECTS REGARDING LICENSING OF IMMEDIATE RELATIVE FOSTER PARENTS.
‘(a) Definitions- In this section: CommentsClose CommentsPermalink
‘(1) CHILDREN IN FOSTER CARE- The term ‘children in foster care’ means children who are placed in foster family homes receiving funds under part B or E of title IV. CommentsClose CommentsPermalink
‘(2) DEMONSTRATION PROJECTS- The term ‘demonstration projects’ means the projects conducted under this section. CommentsClose CommentsPermalink
‘(3) DIRECTLY FUNDED TRIBAL IV-E PROGRAM- The term ‘directly funded tribal IV-E program’ means a program established under section 479B by an Indian tribe, tribal organization, or tribal consortium (as defined in subsection (a) of such section). CommentsClose CommentsPermalink
‘(4) IMMEDIATE RELATIVE FOSTER PARENT- The term ‘immediate relative foster parent’ means, with respect to a child in foster care, a foster parent of the child who is an adult sibling, grandparent, aunt, or uncle of the child. CommentsClose CommentsPermalink
‘(5) STATE- The term ‘State’ means any of the 50 States or the District of Columbia with a State plan approved under section 471(a). CommentsClose CommentsPermalink
‘(b) Establishment- The Secretary shall establish not more than 10 demonstration projects to determine the extent to which flexibility in the application of certain licensing standards to foster family homes of immediate relative foster parents results in improved well-being and permanency outcomes for children in foster care. CommentsClose CommentsPermalink
‘(c) Requirements- CommentsClose CommentsPermalink
‘(1) NUMBER OF PROJECTS- Of the demonstration projects conducted under this section, at least-- CommentsClose CommentsPermalink
‘(A) 2 projects shall be conducted in States with a large number of rural areas, as determined by the Secretary; CommentsClose CommentsPermalink
‘(B) 1 project shall be conducted in a State in which the State plan under this part is administered by a political subdivision of the State; and CommentsClose CommentsPermalink
‘(C) 1 project shall be conducted by a directly funded tribal IV-E program. CommentsClose CommentsPermalink
‘(2) APPLICATION TO CERTAIN LICENSING STANDARDS- For purposes of placing a child in foster care in the home of an immediate relative foster parent of the child, and determining whether the home satisfies standards established by a State or directly funded tribal IV-E program for purposes of complying with section 471(a)(10), a State or directly funded tribal IV-E program selected to conduct a demonstration project under this section may modify the extent to which the home is required to comply with any or all of the following standards in order to be a licensed foster family home for the child: CommentsClose CommentsPermalink
‘(A) Standards relating to the number or size of bedrooms in the home, but only if the State or tribal program applies appropriate safeguards for age and gender. CommentsClose CommentsPermalink
‘(B) Standards relating to the number of bathrooms in the home, but only if the State or tribal program applies appropriate safeguards for age and gender. CommentsClose CommentsPermalink
‘(C) Standards relating to overall square footage of the home. CommentsClose CommentsPermalink
‘(3) IMPLEMENTATION; DURATION- The demonstration projects shall-- CommentsClose CommentsPermalink
‘(A) begin not later than 1 year after the date of enactment of this section; and CommentsClose CommentsPermalink
‘(B) be conducted for a 2-year period. CommentsClose CommentsPermalink
‘(d) Report- Not later than 1 year after the date on which the projects are completed, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report that-- CommentsClose CommentsPermalink
‘(1) evaluates, with respect to each State or directly funded tribal IV-E program conducting a project, the impact of the projects on the well-being of children in foster care and the extent to which the projects result in improved permanency outcomes for children in foster care, based on the past performance of the State (or, in the case of a directly funded tribal IV-E program, based on the past performance of each State in which the program is conducted); and CommentsClose CommentsPermalink
‘(2) includes such recommendations for administrative or legislative action as the Secretary determines appropriate.’. CommentsClose CommentsPermalink
SEC. 203. GRANTS TO CARRY OUT KINSHIP NAVIGATOR PROGRAMS.
(a) In General- Part B of title IV of the Social Security Act (
‘SEC. 427. GRANTS TO CARRY OUT KINSHIP NAVIGATOR PROGRAMS.
‘(a) Purpose- The purposes of this section are-- CommentsClose CommentsPermalink
‘(1) to establish kinship navigator programs in States, large metropolitan areas, and tribal areas to assist kinship caregivers in navigating their way through programs and services, to help the caregivers learn about and obtain assistance to meet the needs of the children they are raising and their own needs; and CommentsClose CommentsPermalink
‘(2) to promote effective partnerships among public and private agencies, including community-based and faith-based agencies, to help the agencies described in this paragraph more effectively and efficiently serve kinship care families and address the fragmentation that creates barriers to meeting the needs of those families. CommentsClose CommentsPermalink
‘(b) Definitions- In this section: CommentsClose CommentsPermalink
‘(1) ASSISTANT SECRETARY- The term ‘Assistant Secretary’ means the Assistant Secretary for Children and Families of the Department of Health and Human Services. CommentsClose CommentsPermalink
‘(2) LARGE METROPOLITAN AREA- The term ‘large metropolitan area’ means a metropolitan statistical area, as defined by the Bureau of the Census, with a population of not less than 1,000,000. CommentsClose CommentsPermalink
‘(3) METROPOLITAN AGENCY- The term ‘metropolitan agency’ means an agency serving a large metropolitan area, or a county or political subdivision of a large metropolitan area. CommentsClose CommentsPermalink
‘(4) TRIBAL AREA- The term ‘tribal area’ means the area served by a tribal organization. CommentsClose CommentsPermalink
‘(5) TRIBAL ORGANIZATION- The term ‘tribal organization’-- CommentsClose CommentsPermalink
‘(A) has the meaning given that term in section 479B(a); and CommentsClose CommentsPermalink
‘(B) includes a consortium of tribal organizations described in subparagraph (A). CommentsClose CommentsPermalink
‘(c) Grants- CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Assistant Secretary may make grants to eligible entities to pay for the Federal share (as determined by the Assistant Secretary) of the cost of carrying out kinship navigator programs. CommentsClose CommentsPermalink
‘(2) ELIGIBLE ENTITIES- To be eligible to receive a grant under this section, an entity shall be a State agency, metropolitan agency, or tribal organization, with experience in-- CommentsClose CommentsPermalink
‘(A) addressing the needs of kinship caregivers or children; and CommentsClose CommentsPermalink
‘(B) connecting the children or caregivers with appropriate services and assistance, such as services and assistance provided by-- CommentsClose CommentsPermalink
‘(i) an area agency on aging under the Older Americans Act of 1965 (
et seq.); or CommentsClose CommentsPermalink 42 U.S.C. 3001 ‘(ii) an agency with jurisdiction over child welfare, income-based financial assistance, human services, or health matters, or a public entity that links family resource and support programs, for the State, large metropolitan area, or Indian tribe involved. CommentsClose CommentsPermalink
‘(3) ALLOCATION OF GRANTS- Of the funds made available for grants under this section for each fiscal year, the Assistant Secretary shall use not less than 50 percent to make grants to State agencies. CommentsClose CommentsPermalink
‘(d) Non-Federal Share- The non-Federal share of the cost may be provided in cash. Not more than 50 percent of the non-Federal share of the cost may be provided in kind, fairly evaluated, including plant, equipment, or services. CommentsClose CommentsPermalink
‘(e) Applications- CommentsClose CommentsPermalink
‘(1) IN GENERAL- To be eligible to receive a grant under this section, an entity shall submit an application to the Assistant Secretary at such time, in such manner, and containing such information as the Assistant Secretary may require, including, at a minimum, the information described in paragraph (2). CommentsClose CommentsPermalink
‘(2) CONTENTS- The application shall include the following: CommentsClose CommentsPermalink
‘(A) A description of the steps the entity will take during the first 6 months of the grant period to-- CommentsClose CommentsPermalink
‘(i) identify gaps in services for kinship care families in the State, large metropolitan area, or tribal area to be served and the specific activities that are needed to bridge the gaps; CommentsClose CommentsPermalink
‘(ii) convene a group of partners to assist in the operation of the kinship navigator program funded through the grant; CommentsClose CommentsPermalink
‘(iii) utilize or develop relevant technology; CommentsClose CommentsPermalink
‘(iv) conduct outreach to kinship caregivers about the kinship navigator program; and CommentsClose CommentsPermalink
‘(v) develop a plan for reaching kinship caregivers, ensuring that the caregivers can access the kinship navigator program, and following up to ensure that the caregivers actually receive necessary services and supports. CommentsClose CommentsPermalink
‘(B) An assurance that the entity will provide at least the core activities specified in subparagraphs (A) and (B) of subsection (f)(2) for kinship care families through the kinship navigator program. CommentsClose CommentsPermalink
‘(C) A description of the activities the entity expects to offer over the grant period and the entity’s initial projection of the number of children and kinship caregivers likely to be served. CommentsClose CommentsPermalink
‘(D) A description of how the entity will involve in the planning and operation of the kinship navigator program, on an ongoing basis-- CommentsClose CommentsPermalink
‘(i) kinship caregivers; CommentsClose CommentsPermalink
‘(ii) youth raised or being raised by kinship caregivers; CommentsClose CommentsPermalink
‘(iii) representatives of kinship care support organizations; CommentsClose CommentsPermalink
‘(iv) relevant government agencies (including agencies with jurisdiction over matters relating to aging, mental health, mental retardation or developmental disabilities, substance abuse treatment, criminal justice, health, youth services, human services, education, income-based financial assistance, child welfare, child custody, guardianship, adoption, or child support enforcement); CommentsClose CommentsPermalink
‘(v)(I) not-for-profit service providers, including community-based and faith-based agencies; and CommentsClose CommentsPermalink
‘(II) educational institutions; and CommentsClose CommentsPermalink
‘(vi) other State or local agencies or systems that promote service coordination or provide information and referral services, including the entities that provide the 2-1-1 or 3-1-1 information systems where applicable. CommentsClose CommentsPermalink
‘(E) A description of-- CommentsClose CommentsPermalink
‘(i) how the entity will coordinate its activities with other State or local agencies or systems that promote service coordination or provide information and referral services for children, families, or older individuals, including the entities that provide the 2-1-1 or 3-1-1 information systems where applicable, so as to avoid duplication of services and the fragmentation of services that prevents kinship care families from getting the help the families need; and CommentsClose CommentsPermalink
‘(ii) how the entity will encourage regional cooperation among agencies, particularly agencies serving border communities that may cross jurisdictional lines, to ensure that kinship care families will get help. CommentsClose CommentsPermalink
‘(F) An assurance that the entity will report at least annually to the Assistant Secretary, in a manner prescribed by the Assistant Secretary, to ensure comparability of data across States, on-- CommentsClose CommentsPermalink
‘(i) activities established with the funds made available through grants made under this section; CommentsClose CommentsPermalink
‘(ii) the numbers and ages of the children and caregivers assisted through the grants; CommentsClose CommentsPermalink
‘(iii) the types of the assistance provided; CommentsClose CommentsPermalink
‘(iv) the outcomes achieved with the assistance; and CommentsClose CommentsPermalink
‘(v) the barriers identified to meeting the needs of kinship care families and plans for addressing the barriers. CommentsClose CommentsPermalink
‘(G) An assurance that the entity, not later than 3 months after the end of the final year of the grant period, will submit a final report to the Administration for Children and Families that describes-- CommentsClose CommentsPermalink
‘(i) the numbers and ages of the children and caregivers assisted through the grants; CommentsClose CommentsPermalink
‘(ii) the types of assistance provided; CommentsClose CommentsPermalink
‘(iii) the outcomes achieved with the assistance; CommentsClose CommentsPermalink
‘(iv) the barriers to meeting the needs of kinship care families that were addressed through the grants; CommentsClose CommentsPermalink
‘(v) the plans of the entity to continue the kinship navigator program after the grant period has ended; CommentsClose CommentsPermalink
‘(vi) lessons learned during the grant period; and CommentsClose CommentsPermalink
‘(vii) recommendations about the considerations that should be taken into account as the program carried out under this section is expanded throughout the United States. CommentsClose CommentsPermalink
‘(3) PREFERENCE- In awarding grants under this section, the Assistant Secretary shall give preference to agencies or organizations that can demonstrate that the agencies and organizations will offer the full array of activities described in subsection (f)(2). CommentsClose CommentsPermalink
‘(f) Use of Grant Funds- CommentsClose CommentsPermalink
‘(1) IN GENERAL- An entity that receives a grant under this title may use the funds made available through the grant directly, or through grants or contracts with other public or private agencies, including community-based or faith-based agencies, that have experience in connecting kinship caregivers with appropriate services and assistance. CommentsClose CommentsPermalink
‘(2) USE OF FUNDS- An entity that receives a grant under this title may use the funds made available through the grant for activities that help to connect kinship caregivers with the services and assistance required to meet the needs of the children the caregivers are raising and their own needs, such as-- CommentsClose CommentsPermalink
‘(A) establishing and maintaining information and referral systems that-- CommentsClose CommentsPermalink
‘(i) assist, through toll free access that includes access to a live operator, kinship caregivers, kinship care service providers, kinship care support group facilitators, and others to learn about and link to-- CommentsClose CommentsPermalink
‘(I) local kinship care service providers, support groups, respite care programs, and special services for incarcerated parents; CommentsClose CommentsPermalink
‘(II) eligibility and enrollment information for Federal, State, and local benefits, such as-- CommentsClose CommentsPermalink
‘(aa) education (including preschool, elementary, secondary, postsecondary, and special education); CommentsClose CommentsPermalink
‘(bb) family support services, early intervention services, mental health services, substance abuse prevention and treatment services, services to address domestic violence problems, services to address HIV or AIDS, legal services, child support, housing assistance, and child care; CommentsClose CommentsPermalink
‘(cc) the disability insurance benefits program established under title II; CommentsClose CommentsPermalink
‘(dd) the program of block grants to States for temporary assistance for needy families established under part A; CommentsClose CommentsPermalink
‘(ee) the supplemental security income program established under title XVI; CommentsClose CommentsPermalink
‘(ff) the medicaid program established under title XIX; CommentsClose CommentsPermalink
‘(gg) the State children’s health insurance program established under title XXI; CommentsClose CommentsPermalink
‘(hh) the program of Federal payments for foster care and adoption assistance established under part E, including the program of relative guardianship assistance payments for children established under section 473(d); and CommentsClose CommentsPermalink
‘(ii) the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (
et seq.); CommentsClose CommentsPermalink 7 U.S.C. 2011
‘(III) relevant training to assist kinship caregivers in obtaining benefits and services and performing their caregiving activities; and CommentsClose CommentsPermalink
‘(IV) relevant legal assistance and help in obtaining access to legal services, including access to legal aid service providers and statewide elder law hotlines; CommentsClose CommentsPermalink
‘(ii) provide outreach to kinship care families, in collaboration with schools, pediatric care clinics, kinship care organizations, senior citizen centers, agencies with jurisdiction over child welfare or human services, and others to link the families to the kinship navigator program and to services and assistance; and CommentsClose CommentsPermalink
‘(iii) establish, distribute, and regularly update kinship care resource guides, websites, or other relevant outreach materials; CommentsClose CommentsPermalink
‘(B) promoting partnerships between public and private agencies, including community-based and faith-based agencies-- CommentsClose CommentsPermalink
‘(i) to help the agencies described in this paragraph more effectively and efficiently meet the needs of kinship care families; and CommentsClose CommentsPermalink
‘(ii) to familiarize the agencies about the special needs of kinship care families, policies that affect their eligibility for a range of education, health, mental health, social, child care, and child welfare services, income-based financial assistance, legal assistance, and other services and benefits, and the means for making policies more supportive of kinship care families; CommentsClose CommentsPermalink
‘(C) establishing and supporting a kinship care ombudsman who has the authority to actively intervene with State agency staff or service providers with which the State agency contracts to help ensure, through various appropriate means including working with individual families in an ongoing manner, that kinship caregivers get the services they need and for which they are eligible; and CommentsClose CommentsPermalink
‘(D) supporting other activities that are designed to assist kinship caregivers in obtaining benefits, services, and activities designed to improve their caregiving. CommentsClose CommentsPermalink
‘(3) LIMITATION- Except as provided in paragraph (2)(D), the entity may not use any of the funds made available through the grant for direct services to children in kinship care families or to kinship caregivers. CommentsClose CommentsPermalink
‘(g) Administration of the Program- In administering the program carried out under this section, the Assistant Secretary for Children and Families shall periodically consult with the Assistant Secretary for Aging of the Department of Health and Human Services. CommentsClose CommentsPermalink
‘(h) Reservation- The Assistant Secretary may reserve not more than 1 percent of the funds made available under this section for a fiscal year to provide technical assistance to the recipients of grants under this section related to the purposes of the grants. CommentsClose CommentsPermalink
‘(i) Appropriation- Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary for purposes of making grants under this section, $5,000,000 for each of fiscal years 2009 through 2013.’. CommentsClose CommentsPermalink
(b) Conforming Amendment- Section 425 of such Act (
) is amended by inserting ‘(other than sections 426, 427, and 429)’ after ‘this subpart’. CommentsClose CommentsPermalink 42 U.S.C. 625
SEC. 204. AUTHORITY FOR COMPARISONS AND DISCLOSURES OF INFORMATION IN THE FEDERAL PARENT LOCATOR SERVICE FOR CHILD WELFARE, FOSTER CARE, AND ADOPTION ASSISTANCE PROGRAM PURPOSES.
Section 453(j)(3) of such Act (
TITLE III--TRIBAL FOSTER CARE AND ADOPTION ACCESS
CommentsClose CommentsPermalink
SEC. 301. EQUITABLE ACCESS FOR FOSTER CARE AND ADOPTION SERVICES FOR INDIAN CHILDREN IN TRIBAL AREAS.
(a) Authority for Direct Payment of Federal Title IV-E Funds for Programs Operated by Indian Tribal Organizations- CommentsClose CommentsPermalink
(1) IN GENERAL- Part E of title IV of the Social Security Act (
‘SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS.
‘(a) Definitions of Indian Tribe; Tribal Organizations- In this section, the terms ‘Indian tribe’ and ‘tribal organization’ have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (
). CommentsClose CommentsPermalink 25 U.S.C. 450b ‘(b) Authority- Except as otherwise provided in this section, this part shall apply in the same manner as this part applies to a State to an Indian tribe, tribal organization, or tribal consortium that elects to operate a program under this part and has a plan approved by the Secretary under section 471 in accordance with this section. CommentsClose CommentsPermalink
‘(c) Plan Requirements- CommentsClose CommentsPermalink
‘(1) IN GENERAL- An Indian tribe, tribal organization, or tribal consortium that elects to operate a program under this part shall include with its plan submitted under section 471 the following: CommentsClose CommentsPermalink
‘(A) FINANCIAL MANAGEMENT- Evidence demonstrating that the tribe, organization, or consortium has not had any uncorrected significant or material audit exceptions under Federal grants or contracts that directly relate to the administration of social services for the 3-year period prior to the date on which the plan is submitted. CommentsClose CommentsPermalink
‘(B) SERVICE AREAS AND POPULATIONS- For purposes of complying with section 471(a)(3), a description of the service area or areas and populations to be served under the plan and an assurance that the plan shall be in effect in all service area or areas and for all populations served by the tribe, organization, or consortium. CommentsClose CommentsPermalink
‘(C) ELIGIBILITY- CommentsClose CommentsPermalink
‘(i) IN GENERAL- Subject to clause (ii), an assurance that the plan will provide-- CommentsClose CommentsPermalink
‘(I) foster care maintenance payments under section 472 only on behalf of children who satisfy the eligibility requirements of subsection (a) of that section; CommentsClose CommentsPermalink
‘(II) adoption assistance payments under section 473 pursuant to adoption assistance agreements only on behalf of children who satisfy the eligibility requirements for such payments under that section; and CommentsClose CommentsPermalink
‘(III) at the option of the tribe, organization, or consortium, relative guardianship assistance payments in accordance with section 473(d) only on behalf of children who meet the requirements of paragraph (3)(B) of that section. CommentsClose CommentsPermalink
‘(ii) SATISFACTION OF FOSTER CARE ELIGIBILITY REQUIREMENTS- For purposes of determining whether a child whose placement and care are the responsibility of an Indian tribe, tribal organization, or tribal consortium with a plan approved under section 471 in accordance with this section satisfies the requirements of section 472(a), the following shall apply: CommentsClose CommentsPermalink
‘(I) USE OF AFFIDAVITS, ETC- Only with respect to the first 12 months for which such plan is in effect, the requirement in paragraph (1) of section 472(a) shall not be interpreted so as to prohibit the use of affidavits or nunc pro tunc orders as verification documents in support of the reasonable efforts and contrary to the welfare of the child judicial determinations required under that paragraph. CommentsClose CommentsPermalink
‘(II) AFDC ELIGIBILITY REQUIREMENT- The State plan approved under section 402 (as in effect on July 16, 1996) of the State in which the child resides at the time of removal from the home shall apply to the determination of whether the child satisfies paragraph (3) of section 472(a). CommentsClose CommentsPermalink
‘(D) OPTION TO CLAIM IN-KIND EXPENDITURES FROM THIRD-PARTY SOURCES FOR NON-FEDERAL SHARE OF ADMINISTRATIVE AND TRAINING COSTS DURING INITIAL IMPLEMENTATION PERIOD- Only for fiscal year quarters beginning after September 30, 2009, and before October 1, 2014, a list of the in-kind expenditures (which shall be fairly evaluated, and may include plants, equipment, administration, or services) and the third-party sources of such expenditures that the tribe, organization, or consortium may claim as part of the non-Federal share of administrative or training expenditures attributable to such quarters for purposes of receiving payments under section 474(a)(3). The Secretary shall permit a tribe, organization, or consortium to claim in-kind expenditures from third party sources for such purposes during such quarters subject to the following: CommentsClose CommentsPermalink
‘(i) NO EFFECT ON AUTHORITY FOR TRIBES, ORGANIZATIONS, OR CONSORTIA TO CLAIM IN-KIND EXPENDITURES TO THE SAME EXTENT STATES MAY CLAIM IN-KIND EXPENDITURES- Nothing in this subparagraph shall be construed as preventing a tribe, organization, or consortium from claiming any in-kind expenditures for purposes of receiving payments under section 474(a) that a State with a plan approved under section 471(a) could claim for such purposes. CommentsClose CommentsPermalink
‘(ii) FISCAL YEAR 2010 OR 2011- CommentsClose CommentsPermalink
‘(I) EXPENDITURES OTHER THAN FOR TRAINING- With respect to amounts expended during a fiscal year quarter beginning after September 30, 2009, and before October 1, 2011, for which the tribe, organization, or consortium is eligible for payments under subparagraph (C), (D), or (E) of section 474(a)(3), not more than 25 percent of such amounts may consist of in-kind expenditures from third-party sources specified in the list required under this subparagraph to be submitted with the plan. CommentsClose CommentsPermalink
‘(II) TRAINING EXPENDITURES- With respect to amounts expended during a fiscal year quarter beginning after September 30, 2009, and before October 1, 2011, for which the tribe, organization, or consortium is eligible for payments under subparagraph (A) or (B) of section 474(a)(3), not more than 12 percent of such amounts may consist of in-kind expenditures from third-party sources that are specified in such list and described in subclause (III). CommentsClose CommentsPermalink
‘(III) SOURCES DESCRIBED- For purposes of subclause (II), the sources described in this subclause are the following: CommentsClose CommentsPermalink
‘(aa) A State or local government. CommentsClose CommentsPermalink
‘(bb) An Indian tribe, tribal organization, or tribal consortium other than the tribe, organization, or consortium submitting the plan. CommentsClose CommentsPermalink
‘(cc) A public institution of higher education. CommentsClose CommentsPermalink
‘(dd) A Tribal College or University (as defined in section 316 of the Higher Education Act of 1965 (
)). CommentsClose CommentsPermalink 20 U.S.C. 1059c ‘(ee) A private charitable organization. CommentsClose CommentsPermalink
‘(iii) FISCAL YEAR 2012, 2013, OR 2014- CommentsClose CommentsPermalink
‘(I) IN GENERAL- Except as provided in subclause (II) and clause (v), with respect to amounts expended during any fiscal year quarter beginning after September 30, 2011, and before October 1, 2014, for which the tribe, organization, or consortium is eligible for payments under any subparagraph of section 474(a)(3), the only in-kind expenditures from third-party sources that may be claimed by the tribe, organization, or consortium for purposes of determining the non-Federal share of such expenditures (without regard to whether the expenditures are specified on the list required under this subparagraph to be submitted with the plan) are in-kind expenditures that are specified in regulations promulgated by the Secretary under section 301(e)(2) of the Improved Adoption Incentives and Relative Guardianship Support Act of 2008 and are from an applicable third-party source specified in such regulations, and do not exceed the applicable percentage for claiming such in-kind expenditures specified in the regulations. CommentsClose CommentsPermalink
‘(II) TRANSITION PERIOD FOR EARLY APPROVED TRIBES, ORGANIZATIONS, OR CONSORTIA- Subject to clause (v), if the tribe, organization, or consortium is an early approved tribe, organization, or consortium (as defined in subclause (III)), the Secretary shall not require the tribe, organization, or consortium to comply with such regulations before October 1, 2013. Until the earlier of the date such tribe, organization, or consortium comes into compliance with such regulations or October 1, 2013, the limitations on the claiming of in-kind expenditures from third-party sources under clause (ii) shall continue to apply to such tribe, organization, or consortium (without regard to fiscal limitation) for purposes of determining the non-Federal share of amounts expended by the tribe, organization, or consortium during any fiscal year quarter that begins after September 30, 2011, and before such date of compliance or October 1, 2013, whichever is earlier. CommentsClose CommentsPermalink
‘(III) DEFINITION OF EARLY APPROVED TRIBE, ORGANIZATION, OR CONSORTIUM- For purposes of subclause (II), the term ‘early approved tribe, organization, or consortium’ means an Indian tribe, tribal organization, or tribal consortium that had a plan approved under section 471 in accordance with this section for any quarter of fiscal year 2010 or 2011. CommentsClose CommentsPermalink
‘(iv) FISCAL YEAR 2015 AND THEREAFTER- Subject to clause (v), with respect to amounts expended during any fiscal year quarter beginning after September 30, 2014, for which the tribe, organization, or consortium is eligible for payments under any subparagraph of section 474(a)(3), in-kind expenditures from third-party sources may be claimed for purposes of determining the non-Federal share of expenditures under any subparagraph of section 474(a)(3) only in accordance with the regulations promulgated by the Secretary under section 301(e)(2) of the Improved Adoption Incentives and Relative Guardianship Support Act of 2008. CommentsClose CommentsPermalink
‘(v) CONTINGENCY RULE- If, at the time expenditures are made for a fiscal year quarter beginning after September 30, 2011, and before October 1, 2014, for which a tribe, organization, or consortium may receive payments for under section 474(a)(3), no regulations required to be promulgated under section 301(e)(2) of the Improved Adoption Incentives and Relative Guardianship Support Act of 2008 are in effect, and no legislation has been enacted specifying otherwise-- CommentsClose CommentsPermalink
‘(I) in the case of any quarter of fiscal year 2012, 2013, or 2014, the limitations on claiming in-kind expenditures from third-party sources under clause (ii) shall apply (without regard to fiscal limitation) for purposes of determining the non-Federal share of such expenditures; and CommentsClose CommentsPermalink
‘(II) in the case of any quarter of fiscal year 2015 or any fiscal year thereafter, no tribe, organization, or consortium may claim in-kind expenditures from third-party sources for purposes of determining the non-Federal share of such expenditures if a State with a plan approved under section 471(a) could not claim in-kind expenditures from third-party sources for such purposes. CommentsClose CommentsPermalink
‘(2) CLARIFICATION OF TRIBAL AUTHORITY TO ESTABLISH STANDARDS FOR TRIBAL FOSTER FAMILY HOMES AND TRIBAL CHILD CARE INSTITUTIONS- For purposes of complying with section 471(a)(10), an Indian tribe, tribal organization, or tribal consortium shall establish and maintain a tribal authority or authorities which shall be responsible for establishing and maintaining tribal standards for tribal foster family homes and tribal child care institutions. CommentsClose CommentsPermalink
‘(3) CONSORTIUM- The participating Indian tribes or tribal organizations of a tribal consortium may develop and submit a single plan under section 471 that meets the requirements of this section. CommentsClose CommentsPermalink
‘(d) Determination of Federal Medical Assistance Percentage for Foster Care Maintenance and Adoption Assistance Payments- CommentsClose CommentsPermalink
‘(1) PER CAPITA INCOME- For purposes of determining the Federal medical assistance percentage applicable to an Indian tribe, a tribal organization, or a tribal consortium under paragraphs (1), (2), and (5) of section 474(a), the calculation of the per capita income of the Indian tribe, tribal organization, or tribal consortium shall be based upon the service population of the Indian tribe, tribal organization, or tribal consortium, except that in no case shall an Indian tribe, a tribal organization, or a tribal consortium receive less than the Federal medical assistance percentage for any State in which the tribe, organization, or consortium is located. CommentsClose CommentsPermalink
‘(2) CONSIDERATION OF OTHER INFORMATION- Before making a calculation under paragraph (1), the Secretary shall consider any information submitted by an Indian tribe, a tribal organization, or a tribal consortium that the Indian tribe, tribal organization, or tribal consortium considers relevant to making the calculation of the per capita income of the Indian tribe, tribal organization, or tribal consortium. CommentsClose CommentsPermalink
‘(e) Nonapplication to Cooperative Agreements and Contracts- Any cooperative agreement or contract entered into between an Indian tribe, a tribal organization, or a tribal consortium and a State for the administration or payment of funds under this part that is in effect as of the date of enactment of this section shall remain in full force and effect, subject to the right of either party to the agreement or contract to revoke or modify the agreement or contract pursuant to the terms of the agreement or contract. Nothing in this section shall be construed as affecting the authority for an Indian tribe, a tribal organization, or a tribal consortium and a State to enter into a cooperative agreement or contract for the administration or payment of funds under this part. CommentsClose CommentsPermalink
‘(f) John H. Chafee Foster Care Independence Program- Except as provided in section 477(j), subsection (b) of this section shall not apply with respect to the John H. Chafee Foster Care Independence Program established under section 477 (or with respect to payments made under section 474(a)(4) or grants made under section 474(e)). CommentsClose CommentsPermalink
‘(g) Rule of Construction- Nothing in this section shall be construed as affecting the application of subsection (h) of section 472 to a child on whose behalf payments are paid under such section, or the application of subsection (b) of section 473 to a child on whose behalf payments are made under that section pursuant to an adoption assistance agreement or a relative guardianship assistance agreement, by an Indian tribe, tribal organization, or tribal consortium that elects to operate a foster care and adoption assistance program in accordance with this section.’. CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS- Section 472(a)(2)(B) of such Act (
) is amended-- CommentsClose CommentsPermalink 42 U.S.C. 672(a)(2)(B)
(A) in clause (i), by striking ‘or’ at the end; CommentsClose CommentsPermalink
(B) in clause (ii), by striking ‘and’ at the end and inserting ‘or’; and CommentsClose CommentsPermalink
(C) by adding at the end the following: CommentsClose CommentsPermalink
‘(iii) an Indian tribe or a tribal organization (as defined in section 479B(a)) or a tribal consortium that has a plan approved under section 471 in accordance with section 479B; and’. CommentsClose CommentsPermalink
(b) Authority To Receive Portion of State Allotment as Part of an Agreement To Operate the John H. Chafee Foster Care Independence Program- Section 477 of such Act (
) is amended by adding at the end the following new subsection: CommentsClose CommentsPermalink 42 U.S.C. 677 ‘(j) Authority for an Indian Tribe, Tribal Organization, or Tribal Consortium To Receive an Allotment- CommentsClose CommentsPermalink
‘(1) IN GENERAL- An Indian tribe, tribal organization, or tribal consortium with a plan approved under section 479B, or which is receiving funding to provide foster care under this part pursuant to a cooperative agreement or contract with a State, may apply for an allotment out of any funds authorized by paragraph (1) or (2) (or both) of subsection (h). CommentsClose CommentsPermalink
‘(2) APPLICATION- A tribe, organization, or consortium desiring an allotment under paragraph (1) shall submit an application to the Secretary to directly receive such allotment that includes a plan which-- CommentsClose CommentsPermalink
‘(A) satisfies such requirements of paragraphs (2) and (3) of subsection (b) as the Secretary determines are appropriate; CommentsClose CommentsPermalink
‘(B) contains a description of the tribe’s, organization’s, or consortium’s consultation process regarding the programs to be carried out under the plan with each State for which a portion of an allotment under subsection (c) would be redirected to the tribe, organization, or consortium; and CommentsClose CommentsPermalink
‘(C) contains an explanation of the results of such consultation, particularly with respect to-- CommentsClose CommentsPermalink
‘(i) determining the eligibility for benefits and services of Indian children to be served under the programs to be carried out under the plan; and CommentsClose CommentsPermalink
‘(ii) the process for consulting with the State in order to ensure the continuity of benefits and services for such children who will transition from receiving benefits and services under programs carried out under a State plan under subsection (b)(2) to receiving benefits and services under programs carried out under a plan under this subsection. CommentsClose CommentsPermalink
‘(3) PAYMENTS- The Secretary shall pay an Indian tribe, tribal organization, or tribal consortium with an application and plan approved under this subsection from the allotment determined for the tribe, organization, or consortium under paragraph (4) in the same manner as is provided in section 474(a)(4) (and, where requested, and if funds are appropriated, section 474(e)) with respect to a State, or in such other manner as is determined appropriate by the Secretary, except that in no case shall an Indian tribe, a tribal organization, or a tribal consortium receive a lesser proportion of such funds than a State is authorized to receive under those sections. CommentsClose CommentsPermalink
‘(4) ALLOTMENT- From the amounts allotted to a State under subsection (c) for a fiscal year, the Secretary shall allot to each Indian tribe, tribal organization, or tribal consortium with an application and plan approved under this subsection for that fiscal year an amount equal to the tribal foster care ratio determined under paragraph (5) for the tribe, organization, or consortium multiplied by the allotment amount of the State within which the tribe, organization, or consortium is located. The allotment determined under this paragraph is deemed to be a part of the allotment determined under section 477(c) for the State in which the Indian tribal organization, or tribal consortium is located. CommentsClose CommentsPermalink
‘(5) TRIBAL FOSTER CARE RATIO- For purposes of paragraph (4), the tribal foster care ratio means, with respect to an Indian tribe, tribal organization, or tribal consortium, the ratio of-- CommentsClose CommentsPermalink
‘(A) the number of children in foster care under the responsibility of the Indian tribe, tribal organization, or tribal consortium (either directly or under supervision of the State), in the most recent fiscal year for which the information is available; to CommentsClose CommentsPermalink
‘(B) the sum of-- CommentsClose CommentsPermalink
‘(i) the total number of children in foster care under the responsibility of the State within which the Indian tribe, tribal organization, or tribal consortium is located; and CommentsClose CommentsPermalink
‘(ii) the total number of children in foster care under the responsibility of all Indian tribes, tribal organizations, or tribal consortia in the State (either directly or under supervision of the State) that have a plan approved under this subsection.’. CommentsClose CommentsPermalink
(c) State and Tribal Cooperation- CommentsClose CommentsPermalink
(1) IN GENERAL- Section 471(a) of the Social Security Act (
), as amended by section 201(f)(1)(B), is amended-- CommentsClose CommentsPermalink 42 U.S.C. 671(a)
(A) by striking ‘and’ at the end of paragraph (27); CommentsClose CommentsPermalink
(B) by striking the period at the end of paragraph (28) and inserting ‘; and’; and CommentsClose CommentsPermalink
(C) by adding at the end the following: CommentsClose CommentsPermalink
‘(29) provides that the State will negotiate in good faith with any Indian tribe, tribal organization or tribal consortium in the State that requests to develop an agreement with the State to provide for payments under this part on behalf of Indian children who are under the authority of the tribe, organization, or consortium, including foster care maintenance payments on behalf of children who are place in tribally licensed foster family homes, adoption assistance payments, and, if the State has elected to provide such payments, relative guardianship assistance payments, and tribal access to resources for administration, training, and data collection under this part.’. CommentsClose CommentsPermalink
(2) CHAFEE PROGRAM CONFORMING AMENDMENT- Section 477(b)(3)(G) of such Act (
) is amended-- CommentsClose CommentsPermalink 42 U.S.C. 677(b)(3)(G)
(A) by striking ‘and that’ and inserting ‘that’; and CommentsClose CommentsPermalink
(B) by striking the period at the end and inserting ‘; and that the State will negotiate in good faith with any Indian tribe, tribal organization, or tribal consortium in the State that does not receive an allotment under subsection (j)(4) for a fiscal year and that requests to develop an agreement with the State to administer, supervise, or oversee the programs to be carried out under the plan with respect to the Indian children who are eligible for such programs and who are under the authority of the tribe, organization, or consortium and to receive from the State an appropriate portion of the State allotment under subsection (c) for the cost of such administration, supervision, or oversight.’. CommentsClose CommentsPermalink
(d) Rules of Construction- Nothing in the amendments made by this section shall be construed as-- CommentsClose CommentsPermalink
(1) authorization to terminate funding to any Indian or Indian family receiving foster care maintenance payments or adoption assistance payments on the date of enactment of this Act on behalf of a child and for which the State receives Federal matching payments under paragraph (1) or (2) of section 474(a) of the Social Security Act (
), regardless of whether a cooperative agreement or contract between the State and an Indian tribe, tribal organization, or tribal consortium is in effect on such date or an Indian tribe, tribal organization, or tribal consortium elects subsequent to such date to operate a program under section 479B of the Social Security Act (as added by subsection (a)); or CommentsClose CommentsPermalink 42 U.S.C. 674(a) (2) affecting the responsibility of a State-- CommentsClose CommentsPermalink
(A) as part of the plan approved under section 471 of the Social Security Act (
), to provide foster care maintenance payments, adoption assistance payments, and if the State elects, relative guardianship assistance payments, for Indian children who are eligible for such payments and who are not otherwise being served by an Indian tribe, tribal organization, or tribal consortium pursuant to a program under such section 479B or a cooperative agreement or contract entered into between an Indian tribe, a tribal organization, or a tribal consortium and a State for the administration or payment of funds under part E of title IV of such Act; or CommentsClose CommentsPermalink 42 U.S.C. 671 (B) as part of the plan approved under section 477 of such Act (
) to administer, supervise, or oversee programs carried out under that plan on behalf of Indian children who are eligible for such programs if such children are not otherwise being served by an Indian tribe, tribal organization, or tribal consortium pursuant to an approved plan under section 477(j) or a cooperative agreement or contract entered into under section 477(b)(3)(G) of such Act. CommentsClose CommentsPermalink 42 U.S.C. 677 (e) Regulations- CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), not later than 1 year after the date of enactment of this section, the Secretary of Health and Human Services, in consultation with Indian tribes, tribal organizations, tribal consortia, and affected States, shall promulgate interim final regulations to carry out this section and the amendments made by this section. Such regulations shall include procedures to ensure that a transfer of responsibility for the placement and care of a child under a State plan approved under section 471 of the Social Security Act to a tribal plan approved under section 471 of such Act in accordance with section 479B of such Act (as added by subsection (a)(1)) or to an Indian tribe, a tribal organization, or a tribal consortium that has entered into a cooperative agreement or contract with a State for the administration or payment of funds under part E of title IV of such Act does not affect the eligibility of, provision of services for, or the making of payments on behalf of, such children under part E of title IV of such Act, or the eligibility of such children for medical assistance under title XIX of such Act. CommentsClose CommentsPermalink
(2) IN-KIND EXPENDITURES FROM THIRD-PARTY SOURCES FOR PURPOSES OF DETERMINING NON-FEDERAL SHARE OF ADMINISTRATIVE AND TRAINING EXPENDITURES- CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to subparagraph (B), not later than September 30, 2011, the Secretary of Health and Human Services, in consultation with Indian tribes, tribal organizations, and tribal consortia, shall promulgate interim final regulations specifying the types of in-kind expenditures, including plants, equipment, administration, and services, and the third-party sources for such in-kind expenditures which may be claimed by tribes, organizations, and consortia with plans approved under section 471 of the Social Security Act in accordance with section 479B of such Act, up to such percentages as the Secretary, in such consultation shall specify in such regulations, for purposes of determining the non-Federal share of administrative and training expenditures for which the tribes, organizations, and consortia may receive payments for under any subparagraph of section 474(a)(3) of such Act. CommentsClose CommentsPermalink
(B) EFFECTIVE DATE- In no event shall the regulations required to be promulgated under subparagraph (A) take effect prior to October 1, 2011. CommentsClose CommentsPermalink
(C) SENSE OF THE SENATE- It is the sense of the Senate that if the Secretary of Health and Human Services fails to publish in the Federal Register the regulations required under subparagraph (A), Congress should enact legislation specifying the types of in-kind expenditures and the third-party sources for such in-kind expenditures which may be claimed by tribes, organizations, and consortia with plans approved under section 471 of the Social Security Act in accordance with section 479B of such Act, up to specific percentages, for purposes of determining the non-Federal share of administrative and training expenditures for which the tribes, organizations, and consortia may receive payments for under any subparagraph of section 474(a)(3) of such Act. CommentsClose CommentsPermalink
(f) Effective Date- The amendments made by this section shall take effect on October 1, 2009, without regard to whether the regulations required under subsection (e)(1) have been promulgated by such date. CommentsClose CommentsPermalink
SEC. 302. GRANTS TO STATES THAT SUCCESSFULLY COLLABORATE WITH AND SUPPORT TRIBES TO IMPROVE PERMANENCY OUTCOMES FOR INDIAN CHILDREN.
Part E of title IV of the Social Security Act (
‘SEC. 479C. GRANTS TO STATES THAT SUCCESSFULLY COLLABORATE WITH AND SUPPORT TRIBES TO IMPROVE PERMANENCY OUTCOMES FOR INDIAN CHILDREN.
‘(a) Definitions- In this section: CommentsClose CommentsPermalink
‘(1) GRANT YEAR- The term ‘grant year’ means each of fiscal years 2010, 2011, 2012, 2013, and 2014. CommentsClose CommentsPermalink
‘(2) INDIAN CHILDREN- The term ‘Indian children’ means children who are members of, enrolled in, or affiliated with, or eligible for membership, enrollment, or affiliation with, an Indian tribe. CommentsClose CommentsPermalink
‘(3) INDIAN TRIBE, TRIBAL ORGANIZATION, TRIBAL CONSORTIUM- The terms ‘Indian tribe, tribal organization, and tribal consortium’ have the meaning given those terms in section 479B(a). CommentsClose CommentsPermalink
‘(4) STATE- The term ‘State’ means any of the 50 States or the District of Columbia with State plans approved under part B and this part that elect to apply for a grant under this section. CommentsClose CommentsPermalink
‘(5) SUCCESSFUL COLLABORATION AND TRIBAL SUPPORT STATE- The term ‘Successful Collaboration and Tribal Support State’ means, with respect to any grant year, a State that the Secretary determines has demonstrated significant evidence of successful collaboration and Tribal support (as determined under subsection (c)) for the fiscal year preceding the grant year. CommentsClose CommentsPermalink
‘(b) Grants- The Secretary shall make a grant pursuant to this paragraph to each State for each grant year for which the Secretary determines that the State is a Successful Collaboration and Tribal Support State. CommentsClose CommentsPermalink
‘(c) Significant Evidence of Successful Collaboration and Tribal Support- CommentsClose CommentsPermalink
‘(1) IN GENERAL- For purposes of subsection (a)(5), significant evidence of successful collaboration and Tribal support shall be demonstrated through submission by a State of the following evidence to the Secretary: CommentsClose CommentsPermalink
‘(A) Evidence of collaboration by the State with an Indian tribe, tribal organization, or tribal consortium to plan for and ensure access to services and supports for Indian children and their families which includes, at a minimum, evidence of the measures and activities required under sections 422(b)(9), 471(a)(29), and 477(b)(3)(G). CommentsClose CommentsPermalink
‘(B) Evidence that the State has obtained from the Secretary, or is engaged in accessing (including through the National Child Welfare Resource Center for Tribes established under section 479D), technical assistance to improve services and permanency outcomes for Indian children and their families, such as through improved identification of Indian children, increased recruitment of Indian foster family homes, and, consistent with the requirements of the Indian Child Welfare Act of 1978 (
et seq.), improved rates of family reunification, legal or relative guardianships, or adoptive homes. CommentsClose CommentsPermalink 25 U.S.C. 1901 ‘(C) Evidence of improved outcomes for Indian children and their families and such other data as the Secretary may require to verify that an improvement in outcomes appropriate for Indian children and their families has been achieved. CommentsClose CommentsPermalink
‘(2) FORM AND MANNER- The Secretary shall establish the form and manner in which a State that elects to apply for a grant under this section shall submit the evidence described in each subparagraph of paragraph (1). To the extent practicable, the requirements for such evidence shall be consistent with data requirements under the Indian Child Welfare Act of 1978 (
et seq.). CommentsClose CommentsPermalink 25 U.S.C. 1901 ‘(d) Amount of Grant- The amount of the grant payable under this section to a Successful Collaboration and Tribal Support State for a grant year is equal to the product of-- CommentsClose CommentsPermalink
‘(1) the amount appropriated under subsection (e) for that year; and CommentsClose CommentsPermalink
‘(2) the ratio of-- CommentsClose CommentsPermalink
‘(A) the number of Indian children in the State (as determined for purposes of making payments under section 428; to CommentsClose CommentsPermalink
‘(B) the sum of the number of such children determined for all Successful Collaboration and Tribal Support States for the grant year. CommentsClose CommentsPermalink
‘(e) Appropriation- Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary for purposes of making payments under this section, $5,000,000 for each of fiscal years 2010 through 2014.’. CommentsClose CommentsPermalink
SEC. 303. ESTABLISHMENT OF NATIONAL CHILD WELFARE RESOURCE CENTER FOR TRIBES.
Part E of title IV of the Social Security Act (
‘SEC. 479D. NATIONAL CHILD WELFARE RESOURCE CENTER FOR TRIBES.
‘(a) Establishment- The Secretary shall establish a National Child Welfare Resource Center for Tribes that is-- CommentsClose CommentsPermalink
‘(1) specifically and exclusively dedicated to meeting the needs of Indian tribes, tribal organizations, (as defined in section 479B(a)), tribal consortia, and States in improving services and permanency outcomes for Indian children and their families through the provision of assistance described in subsection (b); and CommentsClose CommentsPermalink
‘(2) not part of any existing national child welfare resource center. CommentsClose CommentsPermalink
‘(b) Assistance Provided- CommentsClose CommentsPermalink
‘(1) IN GENERAL- The National Child Welfare Resource Center for Tribes shall-- CommentsClose CommentsPermalink
‘(A) provide information, advice, educational materials, and technical assistance to Indian tribes and tribal organizations with respect to the types of services, administrative functions, data collection, program management, and reporting that are provided for under State plans under part B and this part; and CommentsClose CommentsPermalink
‘(B) assist and provide technical assistance to-- CommentsClose CommentsPermalink
‘(i) Indian tribes, tribal organizations, and tribal consortia seeking to operate a program under part B or this part through direct application to the Secretary under section 479B; and CommentsClose CommentsPermalink
‘(ii) Indian tribes, tribal organizations, tribal consortia, and States seeking to develop cooperative agreements to provide for payments under this part or satisfy the requirements of section 422(b)(9), 471(a)(29), or 477(b)(3)(G). CommentsClose CommentsPermalink
‘(2) IMPLEMENTATION AUTHORITY- The Secretary may provide the assistance described in paragraph (1) either directly or through a grant or contract with public or private organizations knowledgeable and experienced in the field of Indian tribal affairs and child welfare. CommentsClose CommentsPermalink
‘(c) Appropriations- There is appropriated to the Secretary, out of any money in the Treasury of the United States not otherwise appropriated, $1,000,000 for each of fiscal years 2009 through 2013 to carry out this section.’. CommentsClose CommentsPermalink
TITLE IV--SUPPORT FOR OLDER CHILDREN IN FOSTER CARE AND OTHER PROVISIONS
CommentsClose CommentsPermalink
SEC. 401. STATE OPTION FOR CHILDREN IN FOSTER CARE, AND CERTAIN CHILDREN IN AN ADOPTIVE OR GUARDIANSHIP PLACEMENT, AFTER ATTAINING AGE 18.
(a) Definition of Child- CommentsClose CommentsPermalink
(1) IN GENERAL- Section 475 of the Social Security Act (
‘(8)(A) Subject to subparagraph (B), the term ‘child’ means an individual who has not attained 18 years of age. CommentsClose CommentsPermalink
‘(B) At the option of a State, the term shall include an individual-- CommentsClose CommentsPermalink
‘(i)(I) who is in foster care under the responsibility of the State; CommentsClose CommentsPermalink
‘(II) with respect to whom an adoption assistance agreement is in effect under section 473 if the child had attained 16 years of age before the agreement became effective; or CommentsClose CommentsPermalink
‘(III) with respect to whom a relative guardianship assistance agreement is in effect under section 473(d) if the child had attained 16 years of age before the agreement became effective; CommentsClose CommentsPermalink
‘(ii) who has attained 18 years of age; CommentsClose CommentsPermalink
‘(iii) who has not attained 19, 20, or 21 years of age, as the State may elect; and CommentsClose CommentsPermalink
‘(iv) who-- CommentsClose CommentsPermalink
‘(I) is completing secondary education or a program leading to an equivalent credential; CommentsClose CommentsPermalink
‘(II) is enrolled in an institution which provides post-secondary or vocational education; CommentsClose CommentsPermalink
‘(III) is participating in a program or activity designed to promote, or remove barriers to, employment; CommentsClose CommentsPermalink
‘(IV) is employed for at least 80 hours per month; or CommentsClose CommentsPermalink
‘(V) the State determines is particularly vulnerable or a high-risk individual.’. CommentsClose CommentsPermalink
(b) Conforming Amendment to Definition of Child-Care Institution- Section 472(c)(2) of such Act (
(c) Conforming Amendments to Age Limits Applicable to Children Eligible for Adoption Assistance or Relative Guardianship Assistance- Section 473(a)(4) of such Act (
‘(4)(A) Notwithstanding any other provision of this section, a payment may not be made pursuant to this section to parents or relative guardians with respect to a child-- CommentsClose CommentsPermalink
‘(i) who has attained-- CommentsClose CommentsPermalink
‘(I) 18 years of age, or such greater age as the State may elect under section 475(8)(B)(iii); or CommentsClose CommentsPermalink
‘(II) 21 years of age, if the State determines that the child has a mental or physical handicap which warrants the continuation of assistance; CommentsClose CommentsPermalink
‘(ii) who has not attained 18 years of age, if the State determines that the parents or relative guardians, as the case may be, are no longer legally responsible for the support of the child; or CommentsClose CommentsPermalink
‘(iii) if the State determines that the child is no longer receiving any support from the parents or relative guardians, as the case may be. CommentsClose CommentsPermalink
‘(B) Parents or relative guardians who have been receiving adoption assistance payments or relative guardianship assistance payments under this section shall keep the State or local agency administering the program under this section informed of circumstances which would, pursuant to this subsection, make them ineligible for the payments, or eligible for the payments in a different amount.’. CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this section shall take effect on October 1, 2010. CommentsClose CommentsPermalink
SEC. 402. TRANSITION PLAN FOR CHILDREN AGING OUT OF FOSTER CARE.
(a) Transition Plan for Children Aging Out of Foster Care- Section 475(5) of such Act (
(1) in subparagraph (F)(ii), by striking ‘and’ at the end; CommentsClose CommentsPermalink
(2) in subparagraph (G), by striking the period at the end and inserting ‘; and’; and CommentsClose CommentsPermalink
(3) by adding at the end the following: CommentsClose CommentsPermalink
‘(H) during the 90-day period immediately prior to the date of the legal emancipation of a child, whether during that period foster care maintenance payments are being made on the child’s behalf or the child is receiving benefits or services under section 477, a caseworker on the staff of the State agency, and, as appropriate, other representatives of the child provide the child with assistance and support in developing a transition plan that is personalized at the direction of the child, includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services, and is as detailed as the child may elect.’. CommentsClose CommentsPermalink
(b) Effective Date- CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this section shall take effect on October 1, 2008. CommentsClose CommentsPermalink
(2) DELAY PERMITTED IF STATE LEGISLATION REQUIRED- In the case of a State plan approved under part B or E of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. CommentsClose CommentsPermalink
SEC. 403. EDUCATIONAL STABILITY.
(a) In General- Section 475 of the Social Security Act (
(1) in paragraph (1)-- CommentsClose CommentsPermalink
(A) in subparagraph (C), by striking clause (iv) and redesignating clauses (v) through (viii) as clauses (iv) through (vii), respectively; and CommentsClose CommentsPermalink
(B) by adding at the end the following: CommentsClose CommentsPermalink
‘(G) A plan for ensuring the educational stability of the child while in foster care, including-- CommentsClose CommentsPermalink
‘(i) assurances that the placement of the child in foster care takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement; and CommentsClose CommentsPermalink
‘(ii)(I) an assurance that the State agency has coordinated with appropriate local educational agencies (as defined under section 9101 of the Elementary and Secondary Education Act of 1965) to ensure that the child remains in the school in which the child is enrolled at the time of placement; or CommentsClose CommentsPermalink
‘(II) if remaining in such school is not in the best interests of the child, assurances by the State agency and the local educational agencies to provide immediate and appropriate enrollment in a new school, with all of the educational records of the child provided to the school.’; and CommentsClose CommentsPermalink
(2) in the 1st sentence of paragraph (4)(A)-- CommentsClose CommentsPermalink
(A) by striking ‘and reasonable’ and inserting ‘reasonable’; and CommentsClose CommentsPermalink
(B) by inserting ‘, and reasonable travel for the child to remain in the school in which the child is enrolled at the time of placement’ before the period. CommentsClose CommentsPermalink
(b) Educational Attendance Requirement- Section 471(a) of the Social Security Act (
(1) by striking ‘and’ at the end of paragraph (28); CommentsClose CommentsPermalink
(2) by striking the period at the end of paragraph (29) and inserting ‘; and’; and CommentsClose CommentsPermalink
(3) by adding at the end the following: CommentsClose CommentsPermalink
‘(30) provides assurances that each child who has attained the minimum age for compulsory school attendance under State law and with respect to whom there is eligibility for a payment under the State plan is a full-time elementary or secondary school student or has completed secondary school, and for purposes of this paragraph, the term ‘elementary or secondary school student’ means, with respect to a child, that the child is-- CommentsClose CommentsPermalink
‘(A) enrolled (or in the process of enrolling) in an institution which provides elementary or secondary education, as determined under the law of the State or other jurisdiction in which the institution is located; CommentsClose CommentsPermalink
‘(B) instructed in elementary or secondary education at home in accordance with a home school law of the State or other jurisdiction in which the home is located; CommentsClose CommentsPermalink
‘(C) in an independent study elementary or secondary education program in accordance with the law of the State or other jurisdiction in which the program is located, which is administered by the local school or school district; or CommentsClose CommentsPermalink
‘(D) incapable of attending school on a full-time basis due to the medical condition of the child, which incapability is supported by regularly updated information included in the case plan of the child.’. CommentsClose CommentsPermalink
(c) Effective Date- CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this section shall take effect on October 1, 2008. CommentsClose CommentsPermalink
(2) DELAY PERMITTED IF STATE LEGISLATION REQUIRED- In the case of a State plan approved under part B or E of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. CommentsClose CommentsPermalink
TITLE V--REVENUE PROVISIONS
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SEC. 501. CLARIFICATION OF UNIFORM DEFINITION OF CHILD.
(a) Child Must Be Younger Than Claimant- Section 152(c)(3)(A) of the Internal Revenue Code of 1986 is amended by inserting ‘is younger than the taxpayer claiming such individual as a qualifying child and’ after ‘such individual’. CommentsClose CommentsPermalink
(b) Child Must Be Unmarried- Section 152(c)(1) of such Code is amended by striking ‘and’ at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ‘, and’, and by adding at the end the following new subparagraph: CommentsClose CommentsPermalink
‘(E) who has not filed a joint return (other than only for a claim of refund) with the individual’s spouse under section 6013 for the taxable year beginning in the calendar year in which the taxable year of the taxpayer begins.’. CommentsClose CommentsPermalink
(c) Restrict Qualifying Child Tax Benefits to Child’s Parent- CommentsClose CommentsPermalink
(1) CHILD TAX CREDIT- Subsection (a) of section 24 of such Code is amended by inserting ‘for which the taxpayer is allowed a deduction under section 151’ after ‘of the taxpayer’. CommentsClose CommentsPermalink
(2) PERSONS OTHER THAN PARENTS CLAIMING QUALIFYING CHILD- CommentsClose CommentsPermalink
(A) IN GENERAL- Paragraph (4) of section 152(c) of such Code is amended by adding at the end the following new subparagraph: CommentsClose CommentsPermalink
‘(C) NO PARENT CLAIMING QUALIFYING CHILD- If the parents of an individual may claim such individual as a qualifying child but no parent so claims the individual, such individual may be claimed as the qualifying child of another taxpayer but only if the adjusted gross income of such taxpayer is higher than the highest adjusted gross income of any parent of the individual.’. CommentsClose CommentsPermalink
(B) CONFORMING AMENDMENTS- CommentsClose CommentsPermalink
(i) Subparagraph (A) of section 152(c)(4) of such Code is amended by striking ‘Except’ through ‘2 or more taxpayers’ and inserting ‘Except as provided in subparagraphs (B) and (C), if (but for this paragraph) an individual may be claimed as a qualifying child by 2 or more taxpayers’. CommentsClose CommentsPermalink
(ii) The heading for paragraph (4) of section 152(c) of such Code is amended by striking ‘CLAIMING’ and inserting ‘WHO CAN CLAIM THE SAME’. CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by this section shall apply to taxable years beginning after December 31, 2008. CommentsClose CommentsPermalink
SEC. 502. COLLECTION OF UNEMPLOYMENT COMPENSATION DEBTS RESULTING FROM FRAUD.
(a) In General- Section 6402 of the Internal Revenue Code of 1986 (relating to authority to make credits or refunds) is amended by redesignating subsections (f) through (k) as subsections (g) through (l), respectively, and by inserting after subsection (e) the following new subsection: CommentsClose CommentsPermalink
‘(f) Collection of Unemployment Compensation Debts Resulting From Fraud- CommentsClose CommentsPermalink
‘(1) IN GENERAL- Upon receiving notice from any State that a named person owes a covered unemployment compensation debt to such State, the Secretary shall, under such conditions as may be prescribed by the Secretary-- CommentsClose CommentsPermalink
‘(A) reduce the amount of any overpayment payable to such person by the amount of such covered unemployment compensation debt; CommentsClose CommentsPermalink
‘(B) pay the amount by which such overpayment is reduced under subparagraph (A) to such State and notify such State of such person’s name, taxpayer identification number, address, and the amount collected; and CommentsClose CommentsPermalink
‘(C) notify the person making such overpayment that the overpayment has been reduced by an amount necessary to satisfy a covered unemployment compensation debt. CommentsClose CommentsPermalink
If an offset is made pursuant to a joint return, the notice under subparagraph (C) shall include information related to the rights of a spouse of a person subject to such an offset. CommentsClose CommentsPermalink
‘(2) PRIORITIES FOR OFFSET- Any overpayment by a person shall be reduced pursuant to this subsection-- CommentsClose CommentsPermalink
‘(A) after such overpayment is reduced pursuant to-- CommentsClose CommentsPermalink
‘(i) subsection (a) with respect to any liability for any internal revenue tax on the part of the person who made the overpayment; CommentsClose CommentsPermalink
‘(ii) subsection (c) with respect to past-due support; and CommentsClose CommentsPermalink
‘(iii) subsection (d) with respect to any past-due, legally enforceable debt owed to a Federal agency; and CommentsClose CommentsPermalink
‘(B) before such overpayment is credited to the future liability for any Federal internal revenue tax of such person pursuant to subsection (b). CommentsClose CommentsPermalink
If the Secretary receives notice from a State or States of more than one debt subject to paragraph (1) or subsection (e) that is owed by a person to such State or States, any overpayment by such person shall be applied against such debts in the order in which such debts accrued. CommentsClose CommentsPermalink
‘(3) OFFSET PERMITTED ONLY AGAINST RESIDENTS OF STATE SEEKING OFFSET- Paragraph (1) shall apply to an overpayment by any person for a taxable year only if the address shown on the Federal return for such taxable year of the overpayment is an address within the State seeking the offset. CommentsClose CommentsPermalink
‘(4) NOTICE; CONSIDERATION OF EVIDENCE- No State may take action under this subsection until such State-- CommentsClose CommentsPermalink
‘(A) notifies by certified mail with return receipt the person owing the covered unemployment compensation debt that the State proposes to take action pursuant to this section; CommentsClose CommentsPermalink
‘(B) provides such person at least 60 days to present evidence that all or part of such liability is not legally enforceable or due to fraud; CommentsClose CommentsPermalink
‘(C) considers any evidence presented by such person and determines that an amount of such debt is legally enforceable and due to fraud; and CommentsClose CommentsPermalink
‘(D) satisfies such other conditions as the Secretary may prescribe to ensure that the determination made under subparagraph (A), by inserting `, part B, part E,' after `this part'.C) is valid and that the State has made reasonable efforts to obtain payment of such covered unemployment compensation debt. CommentsClose CommentsPermalink
‘(5) COVERED UNEMPLOYMENT COMPENSATION DEBT- For purposes of this subsection, the term ‘covered unemployment compensation debt’ means a debt which resulted from a judgment rendered by a court of competent jurisdiction and which is no longer subject to judicial review in an amount equal to-- CommentsClose CommentsPermalink
‘(A) a past-due debt for erroneous payment of unemployment compensation due to fraud which has become final under the law of a State certified by the Secretary of Labor pursuant to section 3304 and which remains uncollected; CommentsClose CommentsPermalink
‘(B) contributions due to the unemployment fund of a State for which the State has determined the person to be liable due to fraud; and CommentsClose CommentsPermalink
‘(C) any penalties and interest assessed on such debt. CommentsClose CommentsPermalink
‘(6) REGULATIONS- CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary may issue regulations prescribing the time and manner in which States must submit notices of covered unemployment compensation debt and the necessary information that must be contained in or accompany such notices. The regulations may specify the minimum amount of debt to which the reduction procedure established by paragraph (1) may be applied. CommentsClose CommentsPermalink
‘(B) FEE PAYABLE TO SECRETARY- The regulations may require States to pay a fee to the Secretary, which may be deducted from amounts collected, to reimburse the Secretary for the cost of applying such procedure. Any fee paid to the Secretary pursuant to the preceding sentence shall be used to reimburse appropriations which bore all or part of the cost of applying such procedure. CommentsClose CommentsPermalink
‘(C) SUBMISSION OF NOTICES THROUGH SECRETARY OF LABOR- The regulations may include a requirement that States submit notices of covered unemployment compensation debt to the Secretary via the Secretary of Labor in accordance with procedures established by the Secretary of Labor. Such procedures may require States to pay a fee to the Secretary of Labor to reimburse the Secretary of Labor for the costs of applying this subsection. Any such fee shall be established in consultation with the Secretary of the Treasury. Any fee paid to the Secretary of Labor may be deducted from amounts collected and shall be used to reimburse the appropriation account which bore all or part of the cost of applying this subsection. CommentsClose CommentsPermalink
‘(7) ERRONEOUS PAYMENT TO STATE- Any State receiving notice from the Secretary that an erroneous payment has been made to such State under paragraph (1) shall pay promptly to the Secretary, in accordance with such regulations as the Secretary may prescribe, an amount equal to the amount of such erroneous payment (without regard to whether any other amounts payable to such State under such paragraph have been paid to such State).’. CommentsClose CommentsPermalink
(b) Disclosure of Certain Information to States Requesting Refund Offsets for Legally Enforceable State Unemployment Compensation Debt Resulting From Fraud- CommentsClose CommentsPermalink
(1) GENERAL RULE- Paragraph (3) of section 6103(a) of such Code is amended by inserting ‘(10),’ after ‘(6),’. CommentsClose CommentsPermalink
(2) DISCLOSURE TO DEPARTMENT OF LABOR AND ITS AGENT- Paragraph (10) of section 6103(l) of such Code is amended-- CommentsClose CommentsPermalink
(A) by striking ‘(c), (d), or (e)’ each place it appears in the heading and text and inserting ‘(c), (d), (e), or (f)’, CommentsClose CommentsPermalink
(B) in subparagraph (A) by inserting ‘, to officers and employees of the Department of Labor for purposes of facilitating the exchange of data in connection with a request made under subsection (f)(5) of section 6402,’ after ‘section 6402’, and CommentsClose CommentsPermalink
(C) in subparagraph (B)-- CommentsClose CommentsPermalink
(i) by inserting ‘(i)’ after ‘(B)’; and CommentsClose CommentsPermalink
(ii) by adding at the end the following: CommentsClose CommentsPermalink
‘(ii) Notwithstanding clause (i), return information disclosed to officers and employees of the Department of Labor may be accessed by agents who maintain and provide technological support to the Department of Labor’s Interstate Connection Network (ICON) solely for the purpose of providing such maintenance and support.’. CommentsClose CommentsPermalink
(3) SAFEGUARDS- Paragraph (4) of section 6103(p) of such Code is amended-- CommentsClose CommentsPermalink
(A) in the matter preceding subparagraph (A), by striking ‘(l)(16),’ and inserting ‘(l)(10), (16),’; CommentsClose CommentsPermalink
(B) in subparagraph (F)(i), by striking ‘(l)(16),’ and inserting ‘(l)(10), (16),’; and CommentsClose CommentsPermalink
(C) in the matter following subparagraph (F)(iii)-- CommentsClose CommentsPermalink
(i) in each of the first two places it appears, by striking ‘(l)(16),’ and inserting ‘(l)(10), (16),’; CommentsClose CommentsPermalink
(ii) by inserting ‘(10),’ after ‘paragraph (6)(A),’; and CommentsClose CommentsPermalink
(iii) in each of the last two places it appears, by striking ‘(l)(16)’ and inserting ‘(l)(10) or (16)’. CommentsClose CommentsPermalink
(c) Expenditures From State Fund- Section 3304(a)(4) of such Code is amended-- CommentsClose CommentsPermalink
(1) in subparagraph (E), by striking ‘and’ after the semicolon; CommentsClose CommentsPermalink
(2) in subparagraph (F), by inserting ‘and’ after the semicolon; and CommentsClose CommentsPermalink
(3) by adding at the end the following new subparagraph: CommentsClose CommentsPermalink
‘(G) with respect to amounts of covered unemployment compensation debt (as defined in section 6402(f)(4)) collected under section 6402(f)-- CommentsClose CommentsPermalink
‘(i) amounts may be deducted to pay any fees authorized under such section; and CommentsClose CommentsPermalink
‘(ii) the penalties and interest described in section 6402(f)(4)(B) may be transferred to the appropriate State fund into which the State would have deposited such amounts had the person owing the debt paid such amounts directly to the State;’. CommentsClose CommentsPermalink
(d) Conforming Amendments- CommentsClose CommentsPermalink
(1) Subsection (a) of section 6402 of such Code is amended by striking ‘(c), (d), and (e),’ and inserting ‘(c), (d), (e), and (f)’. CommentsClose CommentsPermalink
(2) Paragraph (2) of section 6402(d) of such Code is amended by striking ‘and before such overpayment is reduced pursuant to subsection (e)’ and inserting ‘and before such overpayment is reduced pursuant to subsections (e) and (f)’. CommentsClose CommentsPermalink
(3) Paragraph (3) of section 6402(e) of such Code is amended in the last sentence by inserting ‘or subsection (f)’ after ‘paragraph (1)’. CommentsClose CommentsPermalink
(4) Subsection (g) of section 6402 of such Code, as redesignated by subsection (a), is amended by striking ‘(c), (d), or (e)’ and inserting ‘(c), (d), (e), or (f)’. CommentsClose CommentsPermalink
(5) Subsection (i) of section 6402 of such Code, as redesignated by subsection (a), is amended by striking ‘subsection (c) or (e)’ and inserting ‘subsection (c), (e), or (f)’. CommentsClose CommentsPermalink
(e) Effective Date- The amendments made by this section shall apply to refunds payable under section 6402 of the Internal Revenue Code of 1986 on or after the date of enactment of this Act. CommentsClose CommentsPermalink
SEC. 503. INVESTMENT OF OPERATING CASH.
(a) In General-
‘Sec. 323. Investment of operating cash
‘(a) To manage United States cash, the Secretary of the Treasury may invest any part of the operating cash of the Treasury for not more than 90 days. The Secretary may invest the operating cash of the Treasury in-- CommentsClose CommentsPermalink
‘(1) obligations of depositories maintaining Treasury tax and loan accounts secured by pledged collateral acceptable to the Secretary; CommentsClose CommentsPermalink
‘(2) obligations of the United States Government; and CommentsClose CommentsPermalink
‘(3) repurchase agreements with parties acceptable to the Secretary. CommentsClose CommentsPermalink
‘(b) Subsection (a) of this section does not require the Secretary to invest a cash balance held in a particular account. CommentsClose CommentsPermalink
‘(c) The Secretary shall consider the prevailing market in prescribing rates of interest for investments under subsection (a)(1) of this section. CommentsClose CommentsPermalink
‘(d)(1) The Secretary of the Treasury shall submit each fiscal year to the appropriate committees a report detailing the investment of operating cash under subsection (a) for the preceding fiscal year. The report shall describe the Secretary’s consideration of risks associated with investments and the actions taken to manage such risks. CommentsClose CommentsPermalink
‘(2) For purposes of paragraph (1), the term ‘appropriate committees’ means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.’. CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by subsection (a) takes effect on October 1, 2008. CommentsClose CommentsPermalink
Calendar No. 972CommentsClose CommentsPermalink
110th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
S. 3038CommentsClose CommentsPermalink
[Report No. 110-467]CommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To amend part E of title IV of the Social Security Act to extend the adoption incentives program, to authorize States to establish a relative guardianship program, to promote the adoption of children with special needs, and for other purposes.CommentsClose CommentsPermalink
September 16, 2008CommentsClose CommentsPermalink
Reported with an amendmentCommentsClose CommentsPermalink
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