H. R. 2883
One Hundred Twelfth Congress
of the
United States of America
AT T H E F I R S T S E S S I O N
Begun and held at the City of Washington on Wednesday,
the fifth day of January, two thousand and eleven
An Act
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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Child and Family Services
Improvement and Innovation Act’’.
TITLE I—EXTENSION OF CHILD AND
FAMILY SERVICES PROGRAMS
SEC. 101. STEPHANIE TUBBS JONES CHILD WELFARE SERVICES PRO-
GRAM.
(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’’.
(b) MODIFICATION OF CERTAIN STATE PLAN REQUIREMENTS.—
(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.
(2)
PROCEDURES ON THE USE OF PSYCHOTROPIC MEDICA-
TIONS.—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 medica-
tions’’ before the semicolon.
(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—
(A) by striking ‘‘and’’ at the end of paragraph (16);
(B) by striking the period at the end of paragraph
(17) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(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.’’.
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(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—
(A) by striking ‘‘and’’ at the end of paragraph (17);
(B) by striking the period at the end of paragraph
(18) and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(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 agen-
cies, 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.’’.
(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:
‘‘(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.
‘‘(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—
‘‘(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;
‘‘(ii) 3, if the number of full percentage points by which
the State fell short, as described in clause (i), is not less
than 10 and less than 20; or
‘‘(iii) 5, if the number of full percentage points by which
the State fell short, as described in clause (i), is not less
than 20.
‘‘(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 responsi-
bility of the State during a fiscal year occur in the residence
of the child involved.
‘‘(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—
‘‘(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;
‘‘(ii) 3, if the number of full percentage points by which
the State fell short, as described in clause (i), is not less
than 10 and less than 20; or
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‘‘(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.’’.
(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’’.
SEC. 102. PROMOTING SAFE AND STABLE FAMILIES PROGRAM.
(a) EXTENSION OF FUNDING AUTHORIZATIONS.—
(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.’’.
(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’’.
(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—
(1) by striking ‘‘and’’ at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(10) describes how the State identifies which populations
are at the greatest risk of maltreatment and how services
are targeted to the populations.’’.
(c) REVISED PURPOSES OF FAMILY SUPPORT SERVICES AND TIME-
LIMITED FAMILY REUNIFICATION SERVICES.—
(1) FAMILY SUPPORT SERVICES.—Section 431(a)(2) of such
Act (42 U.S.C. 629a(a)(2)) is amended to read as follows:
‘‘(2) FAMILY SUPPORT SERVICES.—
‘‘(A) IN GENERAL.—The term ‘family support services’
means community-based services designed to carry out the
purposes described in subparagraph (B).
‘‘(B) PURPOSES DESCRIBED.—The purposes described in
this subparagraph are the following:
‘‘(i) To promote the safety and well-being of chil-
dren and families.
‘‘(ii) To increase the strength and stability of fami-
lies (including adoptive, foster, and extended families).
‘‘(iii) To increase parents’ confidence and com-
petence in their parenting abilities.
‘‘(iv) To afford children a safe, stable, and sup-
portive family environment.
‘‘(v) To strengthen parental relationships and pro-
mote healthy marriages.
‘‘(vi) To enhance child development, including
through mentoring (as defined in section 439(b)(2)).’’.
(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:
‘‘(vi) Peer-to-peer mentoring and support groups
for parents and primary caregivers.
‘‘(vii) Services and activities designed to facilitate
access to and visitation of children by parents and
siblings.’’.
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(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:
‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning
given the term in section 428(c).
‘‘(6) TRIBAL ORGANIZATION.—The term ‘tribal organization’
has the meaning given the term in section 428(c).’’.
(e) SUBMISSION TO CONGRESS OF STATE SUMMARIES OF FINAN-
CIAL DATA; PUBLICATION ON HHS WEBSITE.—Section 432(c) of such
Act (42 U.S.C. 629b(c)) is amended—
(1) by striking all that precedes ‘‘shall’’ and inserting the
following:
‘‘(c) ANNUAL SUBMISSION OF STATE REPORTS TO CONGRESS.—
‘‘(1) IN GENERAL.—The Secretary’’; and
(2) by adding after and below the end the following:
‘‘(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.
‘‘(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.’’.
(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—
(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; and
(2) assesses the needs of families eligible for services under
such program, including identification of underserved commu-
nities and information regarding—
(A) the supports available for caseworkers to appro-
priately investigate and safely manage their caseloads;
(B) the length of the wait time for families to receive
substance abuse and other preventive services; and
(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.
(g) TECHNICAL CORRECTIONS.—
(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)’’.
(2) Section 433(c)(2) of the Social Security Act (42 U.S.C.
629c(c)(2)) is amended—
(A) in the paragraph heading, by striking ‘‘FOOD
STAMP’’ and inserting ‘‘SUPPLEMENTAL NUTRITION ASSIST-
ANCE PROGRAM BENEFITS’’; and
H. R. 2883—5
(B) by striking ‘‘benefits benefits’’ each place it appears
and inserting ‘‘benefits’’.
SEC. 103. GRANTS FOR TARGETED PURPOSES.
(a) EXTENSION OF FUNDING RESERVATIONS FOR MONTHLY CASE-
WORKER VISITS AND REGIONAL PARTNERSHIP GRANTS.—Section
436(b) of the Social Security Act (42 U.S.C. 629f(b)) is amended—
(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.’’; and
(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.’’.
(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—
(1) by striking ‘‘support’’ and insert ‘‘improve the quality
of’’; and
(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.’’; and
(c) REAUTHORIZATION OF REGIONAL PARTNERSHIP GRANTS TO
ASSIST CHILDREN AFFECTED BY PARENTAL SUBSTANCE ABUSE.—
(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’’.
(2) REVISIONS TO PROGRAM.—Section 437(f) of such Act
(42 U.S.C. 629g(f)) is amended—
(A) in the subsection heading, by striking ‘‘METH-
AMPHETAMINE OR OTHER’’;
(B) in each of paragraphs (1), (4)(A), (7)(A)(i), and
(9)(B)(iii), by striking ‘‘methamphetamine or other’’;
(C) in paragraph (3), by striking subparagraph (B)
and inserting the following:
‘‘(B) REQUIRED MINIMUM PERIOD OF APPROVAL.—
‘‘(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).
‘‘(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.
‘‘(C) MULTIPLE GRANTS ALLOWED.—This subsection
shall not be interpreted to prevent a grantee from applying
for, or being awarded, separate grants under this sub-
section.’’;
(D) in paragraph (6)(A)—
(i) by striking ‘‘and’’ at the end of clause (ii);
(ii) by striking the period at the end of clause
(iii) and inserting a semicolon; and
(iii) by adding at the end the following:
‘‘(iv) 70 percent for the sixth such fiscal year; and
‘‘(v) 65 percent for the seventh such fiscal year.’’;
(E) in paragraph (7)—
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(i) by striking ‘‘shall—’’ and all that follows through
‘‘(A) take’’ and inserting ‘‘shall take’’;
(ii) in subparagraph (A)(iv), by striking ‘‘; and’’
and inserting a period;
(iii) by striking subparagraph (B); and
(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; and
(F) by adding at the end the following:
‘‘(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.’’.
(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—
(A) an evaluation of the programs and activities con-
ducted, 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;
(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; and
(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.
SEC. 104. COURT IMPROVEMENT PROGRAM.
(a) GRANT PURPOSES.—Section 438(a) of the Social Security
Act (42 U.S.C. 629h(a)) is amended—
(1) in paragraph (2)—
(A) in subparagraph (A), by striking ‘‘; and’’ and
inserting ‘‘, including the requirements in the Act related
to concurrent planning;’’;
(B) in subparagraph (B), by adding ‘‘and’’ at the end;
and
(C) by adding at the end the following:
‘‘(C) to increase and improve engagement of the entire
family in court processes relating to child welfare, family
preservation, family reunification, and adoption;’’; and
H. R. 2883—7
(2) in paragraph (4)—
(A) by inserting ‘‘(A)’’ after ‘‘(4)’’;
(B) by striking the period and inserting ‘‘; and’’; and
(C) by adding after and below the end the following:
‘‘(B) to increase and improve engagement of the entire
family in court processes relating to child welfare, family
preservation, family reunification, and adoption.’’.
(b) SINGLE GRANT APPLICATION.—Section 438(b)(2) of such Act
(42 U.S.C. 629h(b)(2)) is amended to read as follows:
‘‘(2) SINGLE GRANT APPLICATION.—Pursuant to the require-
ments 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 applica-
tion is for a grant for—
‘‘(A) the purposes described in paragraphs (1) and (2)
of subsection (a);
‘‘(B) the purpose described in subsection (a)(3);
‘‘(C) the purpose described in subsection (a)(4); or
‘‘(D) the purposes referred to in 2 or more (specifically
identified) of subparagraphs (A), (B), and (C) of this para-
graph.’’.
(c) AMOUNT OF GRANT.—Section 438(c) of such Act (42 U.S.C.
629h(c)) is amended to read as follows:
‘‘(c) AMOUNT OF GRANT.—
‘‘(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.
‘‘(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.
‘‘(3) ALLOCATION OF FUNDS.—
‘‘(A) MANDATORY FUNDS.—Of the amounts reserved
under section 436(b)(2) for any fiscal year, the Secretary
shall allocate—
‘‘(i) $9,000,000 for grants for the purposes
described in paragraphs (1) and (2) of subsection (a);
‘‘(ii) $10,000,000 for grants for the purpose
described in subsection (a)(3);
‘‘(iii) $10,000,000 for grants for the purpose
described in subsection (a)(4); and
‘‘(iv) $1,000,000 for grants to be awarded on a
competitive basis among the highest courts of Indian
tribes or tribal consortia that—
H. R. 2883—8
‘‘(I) are operating a program under part E,
in accordance with section 479B;
‘‘(II) are seeking to operate a program under
part E and have received an implementation grant
under section 476; or
‘‘(III) has a court responsible for proceedings
related to foster care or adoption.
‘‘(B) DISCRETIONARY FUNDS.—The Secretary shall allo-
cate all of the amounts reserved under section 437(b)(2)
for grants for the purposes described in paragraphs (1)
and (2) of subsection (a).’’.
(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’’.
(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))’’.
SEC. 105. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING.
(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:
‘‘Subpart 3—Common Provisions
‘‘SEC. 440. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING.
‘‘(a) STANDARD DATA ELEMENTS.—
‘‘(1) DESIGNATION.—The Secretary, in consultation with an
interagency work group established by the Office of Manage-
ment 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.
‘‘(2) DATA ELEMENTS MUST BE NONPROPRIETARY AND INTER-
OPERABLE.—The standard data elements designated under
paragraph (1) shall, to the extent practicable, be nonproprietary
and interoperable.
‘‘(3) OTHER REQUIREMENTS.—In designating standard data
elements under this subsection, the Secretary shall, to the
extent practicable, incorporate—
‘‘(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;
‘‘(B) interoperable standards developed and maintained
by intergovernmental partnerships, such as the National
Information Exchange Model; and
‘‘(C) interoperable standards developed and maintained
by Federal entities with authority over contracting and
financial assistance, such as the Federal Acquisition Regu-
latory Council.
‘‘(b) DATA STANDARDS FOR REPORTING.—
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‘‘(1) DESIGNATION.—The Secretary, in consultation with an
interagency work group established by the Office of Manage-
ment and Budget, and considering State government perspec-
tives, shall, by rule, designate data reporting standards to
govern the reporting required under this part.
‘‘(2) REQUIREMENTS.—The data reporting standards
required by paragraph (1) shall, to the extent practicable—
‘‘(A) incorporate a widely-accepted, non-proprietary,
searchable, computer-readable format;
‘‘(B) be consistent with and implement applicable
accounting principles; and
‘‘(C) be capable of being continually upgraded as nec-
essary.
‘‘(3) INCORPORATION OF NONPROPRIETARY STANDARDS.—In
designating reporting standards under this subsection, the Sec-
retary shall, to the extent practicable, incorporate existing non-
proprietary standards, such as the eXtensible Business
Reporting Language.’’.
(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.
SEC. 106. PROVISIONS RELATING TO FOSTER CARE OR ADOPTION.
(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—
(1) in clause (i), by striking ‘‘the placement’’ and inserting
‘‘each placement’’; and
(2) in clause (ii)(I), by inserting ‘‘each’’ before ‘‘placement’’.
(b) FOSTER YOUTH ID THEFT.—Section 475(5) of such Act (42
U.S.C. 675(5)) is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (G);
(2) by striking the period at the end of subparagraph (H)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(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) per-
taining 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 inter-
preting and resolving any inaccuracies in the report.’’.
(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.
(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—
(1) by striking ‘‘and’’ at the end of subparagraph (A); and
(2) by redesignating subparagraph (B) as subparagraph
(C) and inserting after subparagraph (A) the following:
‘‘(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 percent-
age of the total number of the visits that would occur
H. R. 2883—10
during the fiscal year if each child were so visited once
every month while in such care; and’’.
SEC. 107. EFFECTIVE DATE.
(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 regula-
tions to implement the amendments are promulgated by such date.
(b) DELAY PERMITTED IF STATE LEGISLATION REQUIRED.—If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is required
in order for a State plan developed pursuant to subpart 1 of part
B, or a State plan approved under subpart 2 of part B or part
E, of title IV of the Social Security Act to meet the additional
requirements imposed by the amendments made by this 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 begin-
ning after the first regular session of the State legislature that
begins after the date of the enactment of this Act. If the State
has a 2-year legislative session, each year of the session is deemed
to be a separate regular session of the State legislature.
TITLE II—CHILD WELFARE
DEMONSTRATION PROJECTS
SEC. 201. RENEWAL OF AUTHORITY TO APPROVE DEMONSTRATION
PROJECTS DESIGNED TO TEST INNOVATIVE STRATEGIES
IN STATE CHILD WELFARE PROGRAMS.
Section 1130 of the Social Security Act (42 U.S.C. 1320a–
9) is amended—
(1) in subsection (a)—
(A) by amending paragraph (2) to read as follows:
‘‘(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.’’.
(B) by striking paragraph (3) and inserting the fol-
lowing:
‘‘(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:
‘‘(A) IDENTIFY 1 OR MORE GOALS.—
‘‘(i) IN GENERAL.—The State shall demonstrate that
the demonstration project is designed to accomplish
1 or more of the following goals:
‘‘(I) Increase permanency for all infants, chil-
dren, and youth by reducing the time in foster
placements when possible and promoting a
successful transition to adulthood for older youth.
‘‘(II) Increase positive outcomes for infants,
children, youth, and families in their homes and
communities, including tribal communities, and
H. R. 2883—11
improve the safety and well-being of infants, chil-
dren, and youth.
‘‘(III) Prevent child abuse and neglect and the
re-entry of infants, children, and youth into foster
care.
‘‘(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—
‘‘(I) to permit foster care maintenance pay-
ments 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; or
‘‘(II) to identify and address domestic violence
that endangers children and results in the place-
ment of children in foster care.
‘‘(B) DEMONSTRATE READINESS.—The State shall dem-
onstrate through a narrative description the State’s
capacity to effectively use the authority to conduct a dem-
onstration 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.
‘‘(C) DEMONSTRATE IMPLEMENTED OR PLANNED CHILD
WELFARE PROGRAM IMPROVEMENT POLICIES.—
‘‘(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 improve-
ment policies described in paragraph (7).
‘‘(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.
‘‘(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 demonstra-
tion project, the State has not made significant
progress in implementing the child welfare program
improvement policies proposed by the State under
clause (i).’’;
(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; and
(D) by adding at the end the following:
‘‘(6) INAPPLICABILITY OF RANDOM ASSIGNMENT FOR CONTROL
GROUPS AS A FACTOR FOR APPROVAL OF DEMONSTRATION
H. R. 2883—12
purposes of evaluating an application to con-
PROJECTS.—For
duct 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.
‘‘(7) CHILD WELFARE PROGRAM IMPROVEMENT POLICIES.—
For purposes of paragraph (3)(C), the child welfare program
improvement policies described in this paragraph are the fol-
lowing:
‘‘(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, sib-
lings, and caseworkers, access to attorneys, and participa-
tion in age-appropriate extracurricular activities, and
procedures for ensuring the protections are provided.
‘‘(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).
‘‘(C) The inclusion in the State plan under section
471 of an amendment implementing the option under sub-
section (a)(28) of that section to enter into kinship
guardianship assistance agreements.
‘‘(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 pay-
ments, 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.
‘‘(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.
‘‘(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.
‘‘(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.
‘‘(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
H. R. 2883—13
driver’s license, providing notification of all sibling place-
ments if siblings are in care and sibling location if siblings
are out of care, and providing counseling and financial
support for post-secondary education.
‘‘(I) The inclusion in the State plan under section 471
of a description of State procedures for—
‘‘(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;
‘‘(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; and
‘‘(iii) making, when appropriate, efforts to include
biological family members in such reconnection efforts.
‘‘(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:
‘‘(i) An intensive family finding program.
‘‘(ii) A kinship navigator program.
‘‘(iii) A family counseling program, such as a family
group decision-making program, and which may
include in-home peer support for families.
‘‘(iv) A comprehensive family-based substance
abuse treatment program.
‘‘(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.
‘‘(vi) A mentoring program.
‘‘(8) DEFINITIONS.—In this subsection—
‘‘(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, and
‘‘(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 treat-
ment services, children’s early intervention services, family
counseling, legal services, medical care, mental health serv-
ices, nursery and preschool, parenting skills training, pedi-
atric care, prenatal care, sexual abuse therapy, relapse
prevention, transportation, and job or vocational training
or classes leading to a secondary school diploma or a certifi-
cate of general equivalence.’’;
(2) by striking subsection (d) and inserting the following:
‘‘(d) DURATION OF DEMONSTRATION.—
H. R. 2883—14
‘‘(1) IN GENERAL.—Subject to paragraph (2), a demonstra-
tion 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.
‘‘(2) TERMINATION OF AUTHORITY.—In no event shall a dem-
onstration project under this section be conducted after Sep-
tember 30, 2019.’’;
(3) in subsection (e)—
(A) in paragraph (1), by striking ‘‘(which shall provide,’’
and all that follows before the semicolon;
(B) by striking ‘‘and’’ at the end of paragraph (6);
(C) by redesignating paragraph (7) as paragraph (8);
and
(D) by inserting after paragraph (6) the following:
‘‘(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’’;
(4) by redesignating subsection (g) as subsection (h);
(5) by striking subsection (f) and inserting the following:
‘‘(f) EVALUATIONS.—Each State authorized to conduct a dem-
onstration 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 pro-
vides for—
‘‘(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 meas-
ures of program management;
‘‘(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;
and
‘‘(3) any other information that the Secretary may require.
‘‘(g) REPORTS.—
‘‘(1) STATE REPORTS; PUBLIC AVAILABILITY.—Each State
authorized to conduct a demonstration project under this sec-
tion shall—
‘‘(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 pre-
vented from entering foster care, infants, children, and
youth in foster care, and infants, children, and youth who
move from foster care to permanent families; and
‘‘(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.
‘‘(2) REPORTS TO CONGRESS.—The Secretary shall submit
to the Committee on Ways and Means of the House of Rep-
resentatives and the Committee on Finance of the Senate—
H. R. 2883—15
‘‘(A) periodic reports based on the State reports sub-
mitted under paragraph (1); and
‘‘(B) a report based on the results of the State evalua-
tions required under subsection (f) that includes an analysis
of the results of such evaluations and such recommenda-
tions for administrative or legislative changes as the Sec-
retary determines appropriate.’’; and
(6) by adding at the end the following:
‘‘(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.’’.
TITLE III—BUDGET PROVISIONS
SEC. 301. BUDGETARY EFFECTS.
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 Com-
mittee, provided that such statement has been submitted prior
to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
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