HR 2883 RDS

IN THE SENATE OF One Hundred Twelfth Congress CommentsClose CommentsPermalink

of theCommentsClose CommentsPermalink

CommentsClose CommentsPermalink

United States of AmericaCommentsClose CommentsPermalink

CommentsClose CommentsPermalink

AT THE UNITED STATES

September 22, 2011

Received

---

AN ACT

FIRST SESSIONCommentsClose CommentsPermalink

Begun and held at the City of Washington on Wednesday,CommentsClose CommentsPermalink

the fifth day of January, two thousand and elevenCommentsClose CommentsPermalink

An ActCommentsClose CommentsPermalink

To amend part B of title IV of the Social Security Act to extend the child and family services program through fiscal year 2016, 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.CommentsClose CommentsPermalink

This Act may be cited as the ‘Child and Family Services Improvement and Innovation Act’.CommentsClose CommentsPermalink

TITLE I--EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMSCommentsClose CommentsPermalink

SEC. 101. STEPHANIE TUBBS JONES CHILD WELFARE SERVICES PROGRAM.CommentsClose CommentsPermalink

(a) Extension of Program- Section 425 of the Social Security Act (42 U.S.C. 625) is amended by striking ‘2007 through 2011’ and inserting ‘2012 through 2016’.CommentsClose CommentsPermalink





(b) Modification of Certain State Plan Requirements-CommentsClose CommentsPermalink





(1) RESPONSE TO EMOTIONAL TRAUMA- Section 422(b)(15)(A)(ii) of such Act (42 U.S.C. 622(b)(15)(A)(ii)) is amended by inserting ‘, including emotional trauma associated with a child’s maltreatment and removal from home’ before the semicolon.CommentsClose CommentsPermalink





(2) PROCEDURES ON THE USE OF PSYCHOTROPIC MEDICATIONS- Section 422(b)(15)(A)(v) of such Act (42 U.S.C. 622(b)(15)(A)(v)) is amended by inserting ‘, including protocols for the appropriate use and monitoring of psychotropic medications’ before the semicolon.CommentsClose CommentsPermalink





(3) DESCRIPTION OF ACTIVITIES TO ADDRESS DEVELOPMENTAL NEEDS OF VERY YOUNG CHILDREN- Section 422(b) of such Act (42 U.S.C. 622(b)) is amended--CommentsClose CommentsPermalink





(A) by striking ‘and’ at the end of paragraph (16);CommentsClose CommentsPermalink





(B) by striking the period at the end of paragraph (17) and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(18) include a description of the activities that the State has undertaken to reduce the length of time children who have not attained 5 years of age are without a permanent family, and the activities the State undertakes to address the developmental needs of such children who receive benefits or services under this part or part E.’.CommentsClose CommentsPermalink





(4) DATA SOURCES FOR CHILD DEATH REPORTING- Section 422(b) of such Act (42 U.S.C. 622(b)), as amended by paragraph (3) of this subsection, is amended--CommentsClose CommentsPermalink





(A) by striking ‘and’ at the end of paragraph (17);CommentsClose CommentsPermalink





(B) by striking the period at the end of paragraph (18) and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(19) contain a description of the sources used to compile information on child maltreatment deaths required by Federal law to be reported by the State agency referred to in paragraph (1), and to the extent that the compilation does not include information on such deaths from the State vital statistics department, child death review teams, law enforcement agencies, or offices of medical examiners or coroners, the State shall describe why the information is not so included and how the State will include the information.’.CommentsClose CommentsPermalink





(c) Child Visitation by Caseworkers- Section 424 of such Act (42 U.S.C. 624) is amended by striking the 2nd subsection (e), as added by section 7(b) of the Child and Family Services Improvement Act of 2006, and inserting the following:CommentsClose CommentsPermalink





‘(f)(1)(A) Each State shall take such steps as are necessary to ensure that the total number of visits made by caseworkers on a monthly basis to children in foster care under the responsibility of the State during a fiscal year is not less than 90 percent (or, in the case of fiscal year 2015 or thereafter, 95 percent) of the total number of such visits that would occur during the fiscal year if each such child were so visited once every month while in such care.CommentsClose CommentsPermalink





‘(B) If the Secretary determines that a State has failed to comply with subparagraph (A) for a fiscal year, then the percentage that would otherwise apply for purposes of subsection (a) for the fiscal year shall be reduced by--CommentsClose CommentsPermalink





‘(i) 1, if the number of full percentage points by which the State fell short of the percentage specified in subparagraph (A) is less than 10;CommentsClose CommentsPermalink





‘(ii) 3, if the number of full percentage points by which the State fell short, as described in clause (i), is not less than 10 and less than 20; orCommentsClose CommentsPermalink





‘(iii) 5, if the number of full percentage points by which the State fell short, as described in clause (i), is not less than 20.CommentsClose CommentsPermalink





‘(2)(A) Each State shall take such steps as are necessary to ensure that not less than 50 percent of the total number of visits made by caseworkers to children in foster care under the responsibility of the State during a fiscal year occur in the residence of the child involved.CommentsClose CommentsPermalink





‘(B) If the Secretary determines that a State has failed to comply with subparagraph (A) for a fiscal year, then the percentage that would otherwise apply for purposes of subsection (a) for the fiscal year shall be reduced by--CommentsClose CommentsPermalink





‘(i) 1, if the number of full percentage points by which the State fell short of the percentage specified in subparagraph (A) is less than 10;CommentsClose CommentsPermalink





‘(ii) 3, if the number of full percentage points by which the State fell short, as described in clause (i), is not less than 10 and less than 20; orCommentsClose CommentsPermalink





‘(iii) 5, if the number of full percentage points by which the State fell short, as described in clause (i), is not less than 20.’.CommentsClose CommentsPermalink





(d) Technical Correction- Section 423(b) of such Act (42 U.S.C. 623(b)) is amended by striking ‘per centum’ each place it appears and inserting ‘percent’.CommentsClose CommentsPermalink

SEC. 102. PROMOTING SAFE AND STABLE FAMILIES PROGRAM.CommentsClose CommentsPermalink

(a) Extension of Funding Authorizations-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 436(a) of the Social Security Act (42 U.S.C. 629f(a)) is amended by striking all that follows ‘$345,000,000’ and inserting ‘for each of fiscal years 2012 through 2016.’.CommentsClose CommentsPermalink





(2) DISCRETIONARY GRANTS- Section 437(a) of such Act (42 U.S.C. 629g(a)) is amended by striking ‘2007 through 2011’ and inserting ‘2012 through 2016’.CommentsClose CommentsPermalink





(b) Targeting of Services to Populations at Greatest Risk of Maltreatment- Section 432(a) of such Act (42 U.S.C. 629b(a)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of paragraph (8);CommentsClose CommentsPermalink





(2) by striking the period at the end of paragraph (9) and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(10) describes how the State identifies which populations are at the greatest risk of maltreatment and how services are targeted to the populations.’.CommentsClose CommentsPermalink





(c) Revised Purposes of Family Support Services and Time-limited Family Reunification Services-CommentsClose CommentsPermalink





(1) FAMILY SUPPORT SERVICES- Section 431(a)(2) of such Act (42 U.S.C. 629a(a)(2)) is amended to read as follows:CommentsClose CommentsPermalink





‘(2) FAMILY SUPPORT SERVICES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘family support services’ means community-based services designed to carry out the purposes described in subparagraph (B).CommentsClose CommentsPermalink





‘(B) PURPOSES DESCRIBED- The purposes described in this subparagraph are the following:CommentsClose CommentsPermalink





‘(i) To promote the safety and well-being of children and families.CommentsClose CommentsPermalink





‘(ii) To increase the strength and stability of families (including adoptive, foster, and extended families).CommentsClose CommentsPermalink





‘(iii) To increase parents’ confidence and competence in their parenting abilities.CommentsClose CommentsPermalink





‘(iv) To afford children a safe, stable, and supportive family environment.CommentsClose CommentsPermalink





‘(v) To strengthen parental relationships and promote healthy marriages.CommentsClose CommentsPermalink





‘(vi) To enhance child development, including through mentoring (as defined in section 439(b)(2)).’.CommentsClose CommentsPermalink





(2) TIME-LIMITED FAMILY REUNIFICATION SERVICES- Section 431(a)(7)(B) of such Act (42 U.S.C. 629a(a)(7)(B)) is amended by redesignating clause (vi) as clause (viii) and inserting after clause (v) the following:CommentsClose CommentsPermalink





‘(vi) Peer-to-peer mentoring and support groups for parents and primary caregivers.CommentsClose CommentsPermalink





‘(vii) Services and activities designed to facilitate access to and visitation of children by parents and siblings.’.CommentsClose CommentsPermalink





(d) Uniform Definitions of Indian Tribe and Tribal Organization- Section 431(a) of such Act (42 U.S.C. 629a(a)(5) and (6)) is amended by striking paragraphs (5) and (6) and inserting the following:CommentsClose CommentsPermalink





‘(5) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given the term in section 428(c).CommentsClose CommentsPermalink





‘(6) TRIBAL ORGANIZATION- The term ‘tribal organization’ has the meaning given the term in section 428(c).’.CommentsClose CommentsPermalink





(e) Submission to Congress of State Summaries of Financial Data; Publication on HhsHS Website- Section 432(c) of such Act (42 U.S.C. 629b(c)) is amended--CommentsClose CommentsPermalink





(1) by striking all that precedes ‘shall’ and inserting the following:CommentsClose CommentsPermalink





‘(c) Annual Submission of State Reports to Congress-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Secretary’; andCommentsClose CommentsPermalink





(2) by adding after and below the end the following:CommentsClose CommentsPermalink





‘(2) INFORMATION TO BE INCLUDED- The compilation shall include the individual State reports and tables that synthesize State information into national totals for each element required to be included in the reports, including planned and actual spending by service category for the program authorized under this subpart and planned spending by service category for the program authorized under subpart 1.CommentsClose CommentsPermalink





‘(3) PUBLIC ACCESSIBILITY- Not later than September 30 of each year, the Secretary shall publish the compilation on the website of the Department of Health and Human Services in a location easily accessible by the public.’.CommentsClose CommentsPermalink





(f) GAO Report on Multiple Sources of Federal Spending and Family Access to Services- Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that--CommentsClose CommentsPermalink





(1) identifies alternative sources of Federal funding that are being employed by States or other entities for the same purposes for which funding is provided under subpart 1 or 2 of part B of title IV of the Social Security Act; andCommentsClose CommentsPermalink





(2) assesses the needs of families eligible for services under such program, including identification of underserved communities and information regarding--CommentsClose CommentsPermalink





(A) the supports available for caseworkers to appropriately investigate and safely manage their caseloads;CommentsClose CommentsPermalink





(B) the length of the wait time for families to receive substance abuse and other preventive services; andCommentsClose CommentsPermalink





(C) the number of families on waiting lists for such services and the effect of the delay on healthy, successful reunification outcomes for such families.CommentsClose CommentsPermalink





(g) Technical Corrections-CommentsClose CommentsPermalink





(1) Section 432(a)(8)(B) of the Social Security Act (42 U.S.C. 629b(a)(8)(B)) is amended in each of clauses (i) and (ii) by striking ‘forms CFS 101-Part I and CFS 101-Part II (or any successor forms)’ and inserting ‘form CFS-101 (including all parts and any successor forms)’.CommentsClose CommentsPermalink





(2) Section 433(c)(2) of the Social Security Act (42 U.S.C. 629c(c)(2)) is amended--CommentsClose CommentsPermalink





(A) in the paragraph heading, by striking ‘FOOD STAMP’ and inserting ‘SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM BENEFITS’; andCommentsClose CommentsPermalink





(B) by striking ‘benefits benefits’ each place it appears and inserting ‘benefits’.CommentsClose CommentsPermalink

SEC. 103. GRANTS FOR TARGETED PURPOSES.CommentsClose CommentsPermalink

(a) Extension of Funding Reservations for Monthly Caseworker Visits and Regional Partnership Grants- Section 436(b) of the Social Security Act (42 U.S.C. 629f(b)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (4)(A), by striking ‘433(e)’ and all that follows and inserting ‘433(e) $20,000,000 for each of fiscal years 2012 through 2016.’; andCommentsClose CommentsPermalink





(2) in paragraph (5), by striking ‘437(f)’ and all that follows and inserting ‘437(f) $20,000,000 for each of fiscal years 2012 through 2016.’.CommentsClose CommentsPermalink





(b) Revision in Use of Monthly Caseworker Visits Grants- Section 436(b)(4)(B)(i) of such Act (42 U.S.C. 629f(b)(4)(B)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘support’ and insert ‘improve the quality of’; andCommentsClose CommentsPermalink





(2) by striking ‘a primary emphasis’ and all that follows and inserting ‘an emphasis on improving caseworker decision making on the safety, permanency, and well-being of foster children and on activities designed to increase retention, recruitment, and training of caseworkers.’; andCommentsClose CommentsPermalink





(c) Reauthorization of Regional Partnership Grants to Assist Children Affected by Parental Substance Abuse-CommentsClose CommentsPermalink





(1) EXTENSION OF PROGRAM- Section 437(f)(3)(A) of such Act (42 U.S.C. 629g(f)(3)(A)) is amended by striking ‘2007 through 2011’ and inserting ‘2012 through 2016’.CommentsClose CommentsPermalink





(2) REVISIONS TO PROGRAM- Section 437(f) of such Act (42 U.S.C. 629g(f)) is amended--CommentsClose CommentsPermalink





(A) in the subsection heading, by striking ‘Methamphetamine or Other’;CommentsClose CommentsPermalink





(B) in each of paragraphs (1), (4)(A), (7)(A)(i), and (9)(B)(iii), by striking ‘methamphetamine or other’;CommentsClose CommentsPermalink





(C) in paragraph (3), by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink





‘(B) REQUIRED MINIMUM PERIOD OF APPROVAL-CommentsClose CommentsPermalink





‘(i) IN GENERAL- A grant shall be awarded under this subsection for a period of not less than 2, and not more than 5, fiscal years, subject to clause (ii).CommentsClose CommentsPermalink





‘(ii) EXTENSION OF GRANT- On application of the grantee, the Secretary may extend for not more than 2 fiscal years the period for which a grant is awarded under this subsection.CommentsClose CommentsPermalink





‘(C) MULTIPLE GRANTS ALLOWED- This subsection shall not be interpreted to prevent a grantee from applying for, or being awarded, separate grants under this subsection.’;CommentsClose CommentsPermalink





(D) in paragraph (6)(A)--CommentsClose CommentsPermalink





(i) by striking ‘and’ at the end of clause (ii);CommentsClose CommentsPermalink





(ii) by striking the period at the end of clause (iii) and inserting a semicolon; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(iv) 70 percent for the sixth such fiscal year; andCommentsClose CommentsPermalink





‘(v) 65 percent for the seventh such fiscal year.’;CommentsClose CommentsPermalink





(E) in paragraph (7)--CommentsClose CommentsPermalink





(i) by striking ‘shall--’ and all that follows through ‘(A) take’ and inserting ‘shall take’;CommentsClose CommentsPermalink





(ii) in subparagraph (A)(iv), by striking ‘; and’ and inserting a period;CommentsClose CommentsPermalink





(iii) by striking subparagraph (B); andCommentsClose CommentsPermalink





(iv) by redesignating clauses (i) through (iv) of subparagraph (A) as subparagraphs (A) through (D), respectively, and moving each of such provisions 2 ems to the left; andCommentsClose CommentsPermalink





(F) by adding at the end the following:CommentsClose CommentsPermalink





‘(10) LIMITATION ON USE OF FUNDS FOR ADMINISTRATIVE EXPENSES OF THE SECRETARY- Not more than 5 percent of the amounts appropriated or reserved for awarding grants under this subsection for each of fiscal years 2012 through 2016 may be used by the Secretary for salaries and Department of Health and Human Services administrative expenses in administering this subsection.’.CommentsClose CommentsPermalink





(3) EVALUATIONS- Not later than December 31, 2012, and not later than December 31, 2017, the Secretary of Health and Human Services shall evaluate the effectiveness of the grants awarded to regional partnerships under section 437(f) of the Social Security Act (42 U.S.C. 629g(f)) and shall publish a report regarding the results of each evaluation on the website of the Department of Health and Human Services. Each report required to be published under this subsection shall include--CommentsClose CommentsPermalink





(A) an evaluation of the programs and activities conducted, and the services provided, with the grant funds awarded under such section for fiscal years 2007 through 2011, in the case of the evaluation required by December 31, 2012, and for fiscal years 2012 through 2016, in the case of the evaluation required by December 31, 2017;CommentsClose CommentsPermalink





(B) an analysis of the regional partnerships awarded such grants that have, and have not, been successful in achieving the goals and outcomes specified in their grant applications and with respect to the performance indicators established by the Secretary under paragraph (8) of such section that are applicable to their grant awards; andCommentsClose CommentsPermalink





(C) an analysis of the extent to which such grants have been successful in addressing the needs of families with methamphetamine or other substance abuse problems who come to the attention of the child welfare system and in achieving the goals of child safety, permanence, and family stability.CommentsClose CommentsPermalink

SEC. 104. COURT IMPROVEMENT PROGRAM.CommentsClose CommentsPermalink

(a) Grant Purposes- Section 438(a) of the Social Security Act (42 U.S.C. 629h(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (2)--CommentsClose CommentsPermalink





(A) in subparagraph (A), by striking ‘; and’ and inserting ‘, including the requirements in the Act related to concurrent planning;’;CommentsClose CommentsPermalink





(B) in subparagraph (B), by adding ‘and’ at the end; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(C) to increase and improve engagement of the entire family in court processes relating to child welfare, family preservation, family reunification, and adoption;’; andCommentsClose CommentsPermalink





(2) in paragraph (4)--CommentsClose CommentsPermalink





(A) by inserting ‘(A)’ after ‘(4)’;CommentsClose CommentsPermalink





(B) by striking the period and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding after and below the end the following:CommentsClose CommentsPermalink





‘(B) to increase and improve engagement of the entire family in court processes relating to child welfare, family preservation, family reunification, and adoption.’.CommentsClose CommentsPermalink





(b) Single Grant Application- Section 438(b)(2) of such Act (42 U.S.C. 629h(b)(2)) is amended to read as follows:CommentsClose CommentsPermalink





‘(2) SINGLE GRANT APPLICATION- Pursuant to the requirements under paragraph (1) of this subsection, a highest State court desiring a grant under this section shall submit a single application to the Secretary that specifies whether the application is for a grant for--CommentsClose CommentsPermalink





‘(A) the purposes described in paragraphs (1) and (2) of subsection (a);CommentsClose CommentsPermalink





‘(B) the purpose described in subsection (a)(3);CommentsClose CommentsPermalink





‘(C) the purpose described in subsection (a)(4); orCommentsClose CommentsPermalink





‘(D) the purposes referred to in 2 or more (specifically identified) of subparagraphs (A), (B), and (C) of this paragraph.’.CommentsClose CommentsPermalink





(c) Amount of Grant- Section 438(c) of such Act (42 U.S.C. 629h(c)) is amended to read as follows:CommentsClose CommentsPermalink





‘(c) Amount of Grant-CommentsClose CommentsPermalink





‘(1) IN GENERAL- With respect to each of subparagraphs (A), (B), and (C) of subsection (b)(2) that refers to 1 or more grant purposes for which an application of a highest State court is approved under this section, the court shall be entitled to payment, for each of fiscal years 2012 through 2016, from the amount allocated under paragraph (3) of this subsection for grants for the purpose or purposes, of an amount equal to $85,000 plus the amount described in paragraph (2) of this subsection with respect to the purpose or purposes.CommentsClose CommentsPermalink





‘(2) AMOUNT DESCRIBED- The amount described in this paragraph for any fiscal year with respect to the purpose or purposes referred to in a subparagraph of subsection (b)(2) is the amount that bears the same ratio to the total of the amounts allocated under paragraph (3) of this subsection for grants for the purpose or purposes as the number of individuals in the State who have not attained 21 years of age bears to the total number of such individuals in all States the highest State courts of which have approved applications under this section for grants for the purpose or purposes.CommentsClose CommentsPermalink





‘(3) ALLOCATION OF FUNDS-CommentsClose CommentsPermalink





‘(A) MANDATORY FUNDS- Of the amounts reserved under section 436(b)(2) for any fiscal year, the Secretary shall allocate--CommentsClose CommentsPermalink





‘(i) $9,000,000 for grants for the purposes described in paragraphs (1) and (2) of subsection (a);CommentsClose CommentsPermalink





‘(ii) $10,000,000 for grants for the purpose described in subsection (a)(3);CommentsClose CommentsPermalink





‘(iii) $10,000,000 for grants for the purpose described in subsection (a)(4); andCommentsClose CommentsPermalink





‘(iv) $1,000,000 for grants to be awarded on a competitive basis among the highest courts of Indian tribes or tribal consortia that--CommentsClose CommentsPermalink





‘(I) are operating a program under part E, in accordance with section 479B;CommentsClose CommentsPermalink





‘(II) are seeking to operate a program under part E and have received an implementation grant under section 476; orCommentsClose CommentsPermalink





‘(III) has a court responsible for proceedings related to foster care or adoption.CommentsClose CommentsPermalink





‘(B) DISCRETIONARY FUNDS- The Secretary shall allocate all of the amounts reserved under section 437(b)(2) for grants for the purposes described in paragraphs (1) and (2) of subsection (a).’.CommentsClose CommentsPermalink





(d) Extension of Federal Share- Section 438(d) of such Act (42 U.S.C. 629h(d)) is amended by striking ‘2002 through 2011’ and inserting ‘2012 through 2016’.CommentsClose CommentsPermalink





(e) Technical Correction- Effective as if included in the enactment of the Safe and Timely Interstate Placement of Foster Children Act of 2006, section 8(b) of such Act (120 Stat. 513) is amended by striking ‘438(b) of such Act (42 U.S.C. 638(b))’ inserting ‘438(b)(1) of such Act (42 U.S.C. 629h(b)(1))’.CommentsClose CommentsPermalink

SEC. 105. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING.CommentsClose CommentsPermalink

(a) In General- Part B of title IV of the Social Security Act (42 U.S.C. 621-629i) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Subpart 3--Common Provisions

‘SEC. 440. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING.CommentsClose CommentsPermalink

‘(a) Standard Data Elements-CommentsClose CommentsPermalink





‘(1) DESIGNATION- The Secretary, in consultation with an interagency work group established by the Office of Management and Budget, and considering State perspectives, shall, by rule, designate standard data elements for any category of information required to be reported under this part.CommentsClose CommentsPermalink





‘(2) DATA ELEMENTS MUST BE NONPROPRIETARY AND INTEROPERABLE- The standard data elements designated under paragraph (1) shall, to the extent practicable, be nonproprietary and interoperable.CommentsClose CommentsPermalink





‘(3) OTHER REQUIREMENTS- In designating standard data elements under this subsection, the Secretary shall, to the extent practicable, incorporate--CommentsClose CommentsPermalink





‘(A) interoperable standards developed and maintained by an international voluntary consensus standards body, as defined by the Office of Management and Budget, such as the International Organization for Standardization;CommentsClose CommentsPermalink





‘(B) interoperable standards developed and maintained by intergovernmental partnerships, such as the National Information Exchange Model; andCommentsClose CommentsPermalink





‘(C) interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance, such as the Federal Acquisition Regulatory Council.CommentsClose CommentsPermalink





‘(b) Data Standards for Reporting-CommentsClose CommentsPermalink





‘(1) DESIGNATION- The Secretary, in consultation with an interagency work group established by the Office of Management and Budget, and considering State government perspectives, shall, by rule, designate data reporting standards to govern the reporting required under this part.CommentsClose CommentsPermalink





‘(2) REQUIREMENTS- The data reporting standards required by paragraph (1) shall, to the extent practicable--CommentsClose CommentsPermalink





‘(A) incorporate a widely-accepted, non-proprietary, searchable, computer-readable format;CommentsClose CommentsPermalink





‘(B) be consistent with and implement applicable accounting principles; andCommentsClose CommentsPermalink





‘(C) be capable of being continually upgraded as necessary.CommentsClose CommentsPermalink





‘(3) INCORPORATION OF NONPROPRIETARY STANDARDS- In designating reporting standards under this subsection, the Secretary shall, to the extent practicable, incorporate existing nonproprietary standards, such as the eXtensible Business Reporting Language.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall take effect on October 1, 2012, and shall apply with respect to information required to be reported on or after such date.CommentsClose CommentsPermalink

SEC. 106. PROVISIONS RELATING TO FOSTER CARE OR ADOPTION.CommentsClose CommentsPermalink

(a) Educational Stability for Each Foster Placement- Section 475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)) is amended--CommentsClose CommentsPermalink





(1) in clause (i), by striking ‘the placement’ and inserting ‘each placement’; andCommentsClose CommentsPermalink





(2) in clause (ii)(I), by inserting ‘each’ before ‘placement’.CommentsClose CommentsPermalink





(b) Foster Youth ID Theft- Section 475(5) of such Act (42 U.S.C. 675(5)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of subparagraph (G);CommentsClose CommentsPermalink





(2) by striking the period at the end of subparagraph (H) and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(I) each child in foster care under the responsibility of the State who has attained 16 years of age receives without cost a copy of any consumer report (as defined in section 603(d) of the Fair Credit Reporting Act) pertaining to the child each year until the child is discharged from care, and receives assistance (including, when feasible, from any court-appointed advocate for the child) in interpreting and resolving any inaccuracies in the report.’.CommentsClose CommentsPermalink





(c) Description of Adoption Spending- Section 473(a)(8) of such Act (42 U.S.C. 673(a)(8)) is amended by inserting ‘, and shall document how such amounts are spent, including on post-adoption services’ before the period.CommentsClose CommentsPermalink





(d) Inclusion in Annual Report of Additional Information on Child Visitation by Caseworkers- Section 479A(6) of such Act (42 U.S.C. 679b(6)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of subparagraph (A); andCommentsClose CommentsPermalink





(2) by redesignating subparagraph (B) as subparagraph (C) and inserting after subparagraph (A) the following:CommentsClose CommentsPermalink





‘(B) the total number of visits made by caseworkers on a monthly basis to children in foster care under the responsibility of the State during a fiscal year as a percentage of the total number of the visits that would occur during the fiscal year if each child were so visited once every month while in such care; and’.CommentsClose CommentsPermalink

SEC. 107. EFFECTIVE DATE.CommentsClose CommentsPermalink

(a) In General- Except as otherwise provided in this title, this title and the amendments made by this title shall take effect on October 1, 2011, and shall apply to payments under parts B and E of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date.CommentsClose CommentsPermalink





(b) Delay Permitted if State Legislation Required- If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to subpart 1 of part B, or a State plan approved under subpart 2 of part B or part E, of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this title, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.CommentsClose CommentsPermalink

TITLE II--CHILD WELFARE DEMONSTRATION PROJECTSCommentsClose CommentsPermalink

SEC. 201. RENEWAL OF AUTHORITY TO APPROVE DEMONSTRATION PROJECTS DESIGNED TO TEST INNOVATIVE STRATEGIES IN STATE CHILD WELFARE PROGRAMS.CommentsClose CommentsPermalink

Section 1130 of the Social Security Act (42 U.S.C. 1320a-9) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by amending paragraph (2) to read as follows:CommentsClose CommentsPermalink





‘(2) LIMITATION- During fiscal years 2012 through 2014, the Secretary may authorize demonstration projects described in paragraph (1), with not more than 10 demonstration projects to be authorized in each fiscal year.’.CommentsClose CommentsPermalink





(B) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink





‘(3) CONDITIONS FOR STATE ELIGIBILITY- For purposes of a new demonstration project under this section that is initially approved in any of fiscal years 2012 through 2014, a State shall be authorized to conduct such demonstration project only if the State satisfies the following conditions:CommentsClose CommentsPermalink





‘(A) IDENTIFY 1 OR MORE GOALS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The State shall demonstrate that the demonstration project is designed to accomplish 1 or more of the following goals:CommentsClose CommentsPermalink





‘(I) Increase permanency for all infants, children, and youth by reducing the time in foster placements when possible and promoting a successful transition to adulthood for older youth.CommentsClose CommentsPermalink





‘(II) Increase positive outcomes for infants, children, youth, and families in their homes and communities, including tribal communities, and improve the safety and well-being of infants, children, and youth.CommentsClose CommentsPermalink





‘(III) Prevent child abuse and neglect and the re-entry of infants, children, and youth into foster care.CommentsClose CommentsPermalink





‘(ii) LONG-TERM THERAPEUTIC FAMILY TREATMENT CENTERS; ADDRESSING DOMESTIC VIOLENCE- With respect to a demonstration project that is designed to accomplish 1 or more of the goals described in clause (i), the State may elect to establish a program--CommentsClose CommentsPermalink





‘(I) to permit foster care maintenance payments to be made under part E of title IV to a long-term therapeutic family treatment center (as described in paragraph (8)(B)) on behalf of a child residing in the center; orCommentsClose CommentsPermalink





‘(II) to identify and address domestic violence that endangers children and results in the placement of children in foster care.CommentsClose CommentsPermalink





‘(B) DEMONSTRATE READINESS- The State shall demonstrate through a narrative description the State’s capacity to effectively use the authority to conduct a demonstration project under this section by identifying changes the State has made or plans to make in policies, procedures, or other elements of the State’s child welfare program that will enable the State to successfully achieve the goal or goals of the project.CommentsClose CommentsPermalink





‘(C) DEMONSTRATE IMPLEMENTED OR PLANNED CHILD WELFARE PROGRAM IMPROVEMENT POLICIES-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The State shall demonstrate that the State has implemented, or plans to implement within 3 years of the date on which the State submits its application to conduct the demonstration project or 2 years after the date on which the Secretary approves such demonstration project (whichever is later), at least 2 of the child welfare program improvement policies described in paragraph (7).CommentsClose CommentsPermalink





‘(ii) PREVIOUS IMPLEMENTATION- For purposes of the requirement described in clause (i), at least 1 of the child welfare program improvement policies to be implemented by the State shall be a policy that the State has not previously implemented as of the date on which the State submits an application to conduct the demonstration project.CommentsClose CommentsPermalink





‘(iii) IMPLEMENTATION REVIEW- The Secretary may terminate the authority of a State to conduct a demonstration project under this section if, after the 3-year period following approval of the demonstration project, the State has not made significant progress in implementing the child welfare program improvement policies proposed by the State under clause (i).’;CommentsClose CommentsPermalink





(C) in paragraph (5), by inserting ‘and the ability of the State to implement a corrective action plan approved under section 1123A’ before the period; andCommentsClose CommentsPermalink





(D) by adding at the end the following:CommentsClose CommentsPermalink





‘(6) INAPPLICABILITY OF RANDOM ASSIGNMENT FOR CONTROL GROUPS AS A FACTOR FOR APPROVAL OF DEMONSTRATION PROJECTS- For purposes of evaluating an application to conduct a demonstration project under this section, the Secretary shall not take into consideration whether such project requires random assignment of children and families to groups served under the project and to control groups.CommentsClose CommentsPermalink





‘(7) CHILD WELFARE PROGRAM IMPROVEMENT POLICIES- For purposes of paragraph (3)(C), the child welfare program improvement policies described in this paragraph are the following:CommentsClose CommentsPermalink





‘(A) The establishment of a bill of rights for infants, children, and youth in foster care that is widely shared and clearly outlines protections for infants, children, and youth, such as assuring frequent visits with parents, siblings, and caseworkers, access to attorneys, and participation in age-appropriate extracurricular activities, and procedures for ensuring the protections are provided.CommentsClose CommentsPermalink





‘(B) The development and implementation of a plan for meeting the health and mental health needs of infants, children, and youth in foster care that includes ensuring that the provision of health and mental health care is child-specific, comprehensive, appropriate, and consistent (through means such as ensuring the infant, child, or youth has a medical home, regular wellness medical visits, and addressing the issue of trauma, when appropriate).CommentsClose CommentsPermalink





‘(C) The inclusion in the State plan under section 471 of an amendment implementing the option under subsection (a)(28) of that section to enter into kinship guardianship assistance agreements.CommentsClose CommentsPermalink





‘(D) The election under the State plan under section 471 to define a ‘child’ for purposes of the provision of foster care maintenance payments, adoption assistance payments, and kinship guardianship assistance payments, so as to include individuals described in each of subclauses (I), (II), and (III) of section 475(8)(B)(i) who have not attained age 21.CommentsClose CommentsPermalink





‘(E) The development and implementation of a plan that ensures congregate care is used appropriately and reduces the placement of children and youth in such care.CommentsClose CommentsPermalink





‘(F) Of those infants, children, and youth in out-of-home placements, substantially increasing the number of cases of siblings who are in the same foster care, kinship guardianship, or adoptive placement, above the number of such cases in fiscal year 2008.CommentsClose CommentsPermalink





‘(G) The development and implementation of a plan to improve the recruitment and retention of high quality foster family homes trained to help assist infants, children, and youth swiftly secure permanent families. Supports for foster families under such a plan may include increasing maintenance payments to more adequately meet the needs of infants, children, and youth in foster care and expanding training, respite care, and other support services for foster parents.CommentsClose CommentsPermalink





‘(H) The establishment of procedures designed to assist youth as they prepare for their transition out of foster care, such as arranging for participation in age-appropriate extra-curricular activities, providing appropriate access to cell phones, computers, and opportunities to obtain a driver’s license, providing notification of all sibling placements if siblings are in care and sibling location if siblings are out of care, and providing counseling and financial support for post-secondary education.CommentsClose CommentsPermalink





‘(I) The inclusion in the State plan under section 471 of a description of State procedures for--CommentsClose CommentsPermalink





‘(i) ensuring that youth in foster care who have attained age 16 are engaged in discussions, including during the development of the transition plans required under paragraphs (1)(D) and (5)(H) of section 475, that explore whether the youth wishes to reconnect with the youth’s biological family, including parents, grandparents, and siblings, and, if so, what skills and strategies the youth will need to successfully and safely reconnect with those family members;CommentsClose CommentsPermalink





‘(ii) providing appropriate guidance and services to youth whom affirm an intent to reconnect with biological family members on how to successfully and safely manage such reconnections; andCommentsClose CommentsPermalink





‘(iii) making, when appropriate, efforts to include biological family members in such reconnection efforts.CommentsClose CommentsPermalink





‘(J) The establishment of one or more of the following programs designed to prevent infants, children, and youth from entering foster care or to provide permanency for infants, children, and youth in foster care:CommentsClose CommentsPermalink





‘(i) An intensive family finding program.CommentsClose CommentsPermalink





‘(ii) A kinship navigator program.CommentsClose CommentsPermalink





‘(iii) A family counseling program, such as a family group decision-making program, and which may include in-home peer support for families.CommentsClose CommentsPermalink





‘(iv) A comprehensive family-based substance abuse treatment program.CommentsClose CommentsPermalink





‘(v) A program under which special efforts are made to identify and address domestic violence that endangers infants, children, and youth and puts them at risk of entering foster care.CommentsClose CommentsPermalink





‘(vi) A mentoring program.CommentsClose CommentsPermalink





‘(8) DEFINITIONS- In this subsection--CommentsClose CommentsPermalink





‘(A) the term ‘youth’ means, with respect to a State, an individual who has attained age 12 but has not attained the age at which an individual is no longer considered to be a child under the State plans under parts B and E of title IV, andCommentsClose CommentsPermalink





‘(B) the term ‘long-term therapeutic family treatment center’ means a State licensed or certified program that enables parents and their children to live together in a safe environment for a period of not less than 6 months and provides, on-site or by referral, substance abuse treatment services, children’s early intervention services, family counseling, legal services, medical care, mental health services, nursery and preschool, parenting skills training, pediatric care, prenatal care, sexual abuse therapy, relapse prevention, transportation, and job or vocational training or classes leading to a secondary school diploma or a certificate of general equivalence.’;CommentsClose CommentsPermalink





(2) by striking subsection (d) and inserting the following:CommentsClose CommentsPermalink





‘(d) Duration of Demonstration-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to paragraph (2), a demonstration project under this section may be conducted for not more than 5 years, unless in the judgment of the Secretary, the demonstration project should be allowed to continue.CommentsClose CommentsPermalink





‘(2) TERMINATION OF AUTHORITY- In no event shall a demonstration project under this section be conducted after September 30, 2019.’;CommentsClose CommentsPermalink





(3) in subsection (e)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘(which shall provide,’ and all that follows before the semicolon;CommentsClose CommentsPermalink





(B) by striking ‘and’ at the end of paragraph (6);CommentsClose CommentsPermalink





(C) by redesignating paragraph (7) as paragraph (8); andCommentsClose CommentsPermalink





(D) by inserting after paragraph (6) the following:CommentsClose CommentsPermalink





‘(7) an accounting of any additional Federal, State, and local investments made, as well as any private investments made in coordination with the State, during the 2 fiscal years preceding the application to provide the services described in paragraph (1), and an assurance that the State will provide an accounting of that same spending for each year of an approved demonstration project; and’;CommentsClose CommentsPermalink





(4) by redesignating subsection (g) as subsection (h);CommentsClose CommentsPermalink





(5) by striking subsection (f) and inserting the following:CommentsClose CommentsPermalink





‘(f) Evaluations- Each State authorized to conduct a demonstration project under this section shall obtain an evaluation by an independent contractor of the effectiveness of the project, using an evaluation design approved by the Secretary which provides for--CommentsClose CommentsPermalink





‘(1) comparison of methods of service delivery under the project, and such methods under a State plan or plans, with respect to efficiency, economy, and any other appropriate measures of program management;CommentsClose CommentsPermalink





‘(2) comparison of outcomes for children and families (and groups of children and families) under the project, and such outcomes under a State plan or plans, for purposes of assessing the effectiveness of the project in achieving program goals; andCommentsClose CommentsPermalink





‘(3) any other information that the Secretary may require.CommentsClose CommentsPermalink





‘(g) Reports-CommentsClose CommentsPermalink





‘(1) STATE REPORTS; PUBLIC AVAILABILITY- Each State authorized to conduct a demonstration project under this section shall--CommentsClose CommentsPermalink





‘(A) submit periodic reports to the Secretary on the specific programs, activities, and strategies used to improve outcomes for infants, children, youth, and families and the results achieved for infants, children, and youth during the conduct of the demonstration project, including with respect to those infants, children, and youth who are prevented from entering foster care, infants, children, and youth in foster care, and infants, children, and youth who move from foster care to permanent families; andCommentsClose CommentsPermalink





‘(B) post a copy of each such report on the website for the State child welfare program concurrent with the submission of the report to the Secretary.CommentsClose CommentsPermalink





‘(2) REPORTS TO CONGRESS- The Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate--CommentsClose CommentsPermalink





‘(A) periodic reports based on the State reports submitted under paragraph (1); andCommentsClose CommentsPermalink





‘(B) a report based on the results of the State evaluations required under subsection (f) that includes an analysis of the results of such evaluations and such recommendations for administrative or legislative changes as the Secretary determines appropriate.’; andCommentsClose CommentsPermalink





(6) by adding at the end the following:CommentsClose CommentsPermalink





‘(i) Indian Tribes Operating IV-E Programs Considered States- An Indian tribe, tribal organization, or tribal consortium that has elected to operate a program under part E of title IV in accordance with section 479B shall be considered a State for purposes of this section.’.CommentsClose CommentsPermalink

TITLE III--BUDGET PROVISIONSCommentsClose CommentsPermalink

SEC. 301. BUDGETARY EFFECTS.CommentsClose CommentsPermalink

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.CommentsClose CommentsPermalink

PassedSpeaker of the House of Representatives September 21, 2011.

Attest:

KAREN L. HAAS,

Vice President of the United States andCommentsClose CommentsPermalink

President of the Senate.CommentsClose CommentsPermalink