[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2883 Enrolled Bill (ENR)]
H.R.2883
One Hundred Twelfth Congress
of the
United States of America
AT THE FIRST SESSION
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,

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This Act may be cited as the ``Child and Family Services
Improvement and Innovation Act''.

23c433f4121cc629d0e5cf343902b630cfcaa22a705aa2c75bb5896ec04e196c

(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 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.
(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.''.
(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 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.''.
(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 responsibility 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
``(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''.

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TITLE I

-EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS

(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 children
and families.
``(ii) To increase the strength and stability of
families (including adoptive, foster, and extended
families).
``(iii) To increase parents' confidence and competence
in their parenting abilities.
``(iv) To afford children a safe, stable, and
supportive family environment.
``(v) To strengthen parental relationships and promote
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.''.
(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 Financial 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 communities
and information regarding--
(A) the supports available for caseworkers to appropriately
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 assistance program
benefits''; and
(B) by striking ``benefits benefits'' each place it appears
and inserting ``benefits''.

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(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--
(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
``Methamphetamine 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 subsection.'';
(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)--
(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 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;
(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.

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(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
(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 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--
``(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
paragraph.''.
(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--
``(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 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).''.
(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))''.

52e7504cc3fb6e7b74f3371910d1e288837cfe0d4c2eeb08e83863789ba27549

(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 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.
``(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.
``(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 Regulatory Council.
``(b) Data Standards for Reporting.--
``(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.
``(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
necessary.
``(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.''.
(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.

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(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) 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.''.
(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
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''.

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(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.
(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.

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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 following:
``(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,
children, 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 improve
the safety and well-being of infants, children, 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 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; or
``(II) to identify and address domestic violence
that endangers children and results in the placement of
children in foster care.
``(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.
``(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 improvement 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 demonstration
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 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.
``(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:
``(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.
``(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 subsection (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 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.
``(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 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.
``(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 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.'';
(2) by striking subsection (d) and inserting the following:
``(d) Duration of Demonstration.--
``(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.
``(2) Termination of authority.--In no event shall a
demonstration project under this section be conducted after
September 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
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--
``(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;
``(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 section
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 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; 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 Representatives and the
Committee on Finance of the Senate--
``(A) periodic reports based on the State reports submitted
under paragraph (1); and
``(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.''; 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.''.

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TITLE II

-CHILD WELFARE DEMONSTRATION PROJECTS

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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

e129e189e8bdf217eba471035db72dc5275731d7cd148fdeb468c87ec94a6e28

Child and Family Services Improvement and Innovation Act — HR. 2883

Other Sections

TITLE I

TITLE II

TITLE III

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