[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5403 Enrolled Bill (ENR)]
H.R.5403
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To improve protections for children and to hold States accountable for
the safe and timely placement of children across State lines, 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 ``Safe and Timely Interstate Placement
of Foster Children Act of 2006''.

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It is the sense of the Congress that--
(1) the States should expeditiously ratify the revised
Interstate Compact for the Placement of Children recently
promulgated by the American Public Human Services Association;
(2) this Act and the revised Interstate Compact for the
Placement of Children should not apply to those seeking placement
in a licensed residential facility primarily to access clinical
mental heath services;
(3) the States should recognize and implement the deadlines for
the completion and approval of home studies as provided in section
4 to move children more quickly into safe, permanent homes; and
(4) Federal policy should encourage the safe and expedited
placement of children into safe, permanent homes across State
lines.

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CHILDREN.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24) and
inserting ``; and''; and
(3) by adding at the end the following:
``(25) provide that the State shall have in effect procedures
for the orderly and timely interstate placement of children; and
procedures implemented in accordance with an interstate compact, if
incorporating with the procedures prescribed by paragraph (26),
shall be considered to satisfy the requirement of this
paragraph.''.

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(a) Orderly Process.--
(1) In general.--Section 471(a) of the Social Security Act (42
U.S.C. 671(a)) is further amended--
(A) by striking ``and'' at the end of paragraph (24);
(B) by striking the period at the end of paragraph (25) and
inserting ``; and''; and
(C) by adding at the end the following:
``(26) provides that--
``(A)(i) within 60 days after the State receives from
another State a request to conduct a study of a home
environment for purposes of assessing the safety and
suitability of placing a child in the home, the State shall,
directly or by contract--
``(I) conduct and complete the study; and
``(II) return to the other State a report on the
results of the study, which shall address the extent to
which placement in the home would meet the needs of the
child; and
``(ii) in the case of a home study begun on or before
September 30, 2008, if the State fails to comply with clause
(i) within the 60-day period as a result of circumstances
beyond the control of the State (such as a failure by a Federal
agency to provide the results of a background check, or the
failure by any entity to provide completed medical forms,
requested by the State at least 45 days before the end of the
60-day period), the State shall have 75 days to comply with
clause (i) if the State documents the circumstances involved
and certifies that completing the home study is in the best
interests of the child; except that
``(iii) this subparagraph shall not be construed to require
the State to have completed, within the applicable period, the
parts of the home study involving the education and training of
the prospective foster or adoptive parents;
``(B) the State shall treat any report described in
subparagraph (A) that is received from another State or an
Indian tribe (or from a private agency under contract with
another State) as meeting any requirements imposed by the State
for the completion of a home study before placing a child in
the home, unless, within 14 days after receipt of the report,
the State determines, based on grounds that are specific to the
content of the report, that making a decision in reliance on
the report would be contrary to the welfare of the child; and
``(C) the State shall not impose any restriction on the
ability of a State agency administering, or supervising the
administration of, a State program operated under a State plan
approved under this part to contract with a private agency for
the conduct of a home study described in subparagraph (A).''.
(2) Report to the congress.--Within 12 months after the date of
the enactment of this Act, the Secretary of Health and Human
Services shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate
a written report on--
(A) how frequently States need the extended 75-day period
provided for in clause (ii) of section 471(a)(26)(A) of the
Social Security Act in order to comply with clause (i) of such
section;
(B) the reasons given for utilizing the extended compliance
period;
(C) the extent to which utilizing the extended compliance
period leads to the resolution of the circumstances beyond the
control of the State; and
(D) the actions taken by States and any relevant Federal
agencies to resolve the need for the extended compliance
period.
(3) Sense of the congress.--It is the sense of the Congress
that each State should--
(A) use private agencies to conduct home studies when doing
so is necessary to meet the requirements of section 471(a)(26)
of the Social Security Act; and
(B) give full faith and credit to any home study report
completed by any other State or an Indian tribe with respect to
the placement of a child in foster care or for adoption.
(b) Timely Interstate Home Study Incentive Payments.--Part E of
title IV of the Social Security Act (42 U.S.C. 670-679b) is amended by
inserting after section 473A the following:
``SEC. 473B. TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS.
``(a) Grant Authority.--The Secretary shall make a grant to each
State that is a home study incentive-eligible State for a fiscal year
in an amount equal to the timely interstate home study incentive
payment payable to the State under this section for the fiscal year,
which shall be payable in the immediately succeeding fiscal year.
``(b) Home Study Incentive-Eligible State.--A State is a home study
incentive-eligible State for a fiscal year if--
``(1) the State has a plan approved under this part for the
fiscal year;
``(2) the State is in compliance with subsection (c) for the
fiscal year; and
``(3) based on data submitted and verified pursuant to
subsection (c), the State has completed a timely interstate home
study during the fiscal year.
``(c) Data Requirements.--
``(1) In general.--A State is in compliance with this
subsection for a fiscal year if the State has provided to the
Secretary a written report, covering the preceding fiscal year,
that specifies--
``(A) the total number of interstate home studies requested
by the State with respect to children in foster care under the
responsibility of the State, and with respect to each such
study, the identity of the other State involved;
``(B) the total number of timely interstate home studies
completed by the State with respect to children in foster care
under the responsibility of other States, and with respect to
each such study, the identity of the other State involved; and
``(C) such other information as the Secretary may require
in order to determine whether the State is a home study
incentive-eligible State.
``(2) Verification of data.--In determining the number of
timely interstate home studies to be attributed to a State under
this section, the Secretary shall check the data provided by the
State under paragraph (1) against complementary data so provided by
other States.
``(d) Timely Interstate Home Study Incentive Payments.--
``(1) In general.--The timely interstate home study incentive
payment payable to a State for a fiscal year shall be $1,500,
multiplied by the number of timely interstate home studies
attributed to the State under this section during the fiscal year,
subject to paragraph (2).
``(2) Pro rata adjustment if insufficient funds available.--If
the total amount of timely interstate home study incentive payments
otherwise payable under this section for a fiscal year exceeds the
total of the amounts made available pursuant to subsection (h) for
the fiscal year (reduced (but not below zero) by the total of the
amounts (if any) payable under paragraph (3) of this subsection
with respect to the preceding fiscal year), the amount of each such
otherwise payable incentive payment shall be reduced by a
percentage equal to--
``(A) the total of the amounts so made available (as so
reduced); divided by
``(B) the total of such otherwise payable incentive
payments.
``(3) Appropriations available for unpaid incentive payments
for prior fiscal years.--
``(A) In general.--If payments under this section are
reduced under paragraph (2) or subparagraph (B) of this
paragraph for a fiscal year, then, before making any other
payment under this section for the next fiscal year, the
Secretary shall pay each State whose payment was so reduced an
amount equal to the total amount of the reductions which
applied to the State, subject to subparagraph (B) of this
paragraph.
``(B) Pro rata adjustment if insufficient funds
available.--If the total amount of payments otherwise payable
under subparagraph (A) of this paragraph for a fiscal year
exceeds the total of the amounts made available pursuant to
subsection (h) for the fiscal year, the amount of each such
payment shall be reduced by a percentage equal to--
``(i) the total of the amounts so made available;
divided by
``(ii) the total of such otherwise payable payments.
``(e) Two-Year Availability of Incentive Payments.--Payments to a
State under this section in a fiscal year shall remain available for
use by the State through the end of the next fiscal year.
``(f) Limitations on Use of Incentive Payments.--A State shall not
expend an amount paid to the State under this section except to provide
to children or families any service (including post-adoption services)
that may be provided under part B or E. Amounts expended by a State in
accordance with the preceding sentence shall be disregarded in
determining State expenditures for purposes of Federal matching
payments under sections 423, 434, and 474.
``(g) Definitions.--In this section:
``(1) Home study.--The term `home study' means an evaluation of
a home environment conducted in accordance with applicable
requirements of the State in which the home is located, to
determine whether a proposed placement of a child would meet the
individual needs of the child, including the child's safety,
permanency, health, well-being, and mental, emotional, and physical
development.
``(2) Interstate home study.--The term `interstate home study'
means a home study conducted by a State at the request of another
State, to facilitate an adoptive or foster placement in the State
of a child in foster care under the responsibility of the State.
``(3) Timely interstate home study.--The term `timely
interstate home study' means an interstate home study completed by
a State if the State provides to the State that requested the
study, within 30 days after receipt of the request, a report on the
results of the study. The preceding sentence shall not be construed
to require the State to have completed, within the 30-day period,
the parts of the home study involving the education and training of
the prospective foster or adoptive parents.
``(h) Limitations on Authorization of Appropriations.--
``(1) In general.--For payments under this section, there are
authorized to be appropriated to the Secretary--
``(A) $10,000,000 for fiscal year 2007;
``(B) $10,000,000 for fiscal year 2008;
``(C) $10,000,000 for fiscal year 2009; and
``(D) $10,000,000 for fiscal year 2010.
``(2) Availability.--Amounts appropriated under paragraph (1)
are authorized to remain available until expended.''.
(c) Repealer.--Effective October 1, 2010, section 473B of the
Social Security Act is repealed.

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It is the sense of the Congress that State agencies should fully
cooperate with any court which has authority with respect to the
placement of a child in foster care or for adoption, for the purpose of
locating a parent of the child, and such cooperation should include
making available all information obtained from the Federal Parent
Locator Service.

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(a) Purchase of Services in Interstate Placement Cases.--Section
475(5)(A)(ii) of the Social Security Act (42 U.S.C. 675(5)(A)(ii)) is
amended by striking ``or of the State in which the child has been
placed'' and inserting ``of the State in which the child has been
placed, or of a private agency under contract with either such State''.
(b) Increased Visits.--Section 475(5)(A)(ii) of such Act (42 U.S.C.
675(5)(A)(ii)) is amended by striking ``12'' and inserting ``6''.

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Section 475 of the Social Security Act (42 U.S.C. 675) is amended--
(1) in paragraph (1)(C)--
(A) by striking ``To the extent available and accessible,
the'' and inserting ``The''; and
(B) by inserting ``the most recent information available
regarding'' after ``including''; and
(2) in paragraph (5)(D)--
(A) by inserting ``a copy of the record is'' before
``supplied''; and
(B) by inserting ``, and is supplied to the child at no
cost at the time the child leaves foster care if the child is
leaving foster care by reason of having attained the age of
majority under State law'' before the semicolon.

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(a) In General.--Section 475(5)(G) of the Social Security Act (42
U.S.C. 675(5)(G)) is amended--
(1) by striking ``an opportunity'' and inserting ``a right'';
(2) by striking ``and opportunity'' and inserting ``and
right''; and
(3) by striking ``review or hearing'' each place it appears and
inserting ``proceeding''.
(b) Notice of Proceeding.--Section 438(b) of such Act (42 U.S.C.
638(b)) is amended by inserting ``shall have in effect a rule requiring
State courts to ensure that foster parents, pre-adoptive parents, and
relative caregivers of a child in foster care under the responsibility
of the State are notified of any proceeding to be held with respect to
the child, and'' after ``highest State court''.

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Section 438(a)(1) of the Social Security Act (42 U.S.C. 629h(a)(1))
is amended--
(1) by striking ``and'' at the end of subparagraph (C); and
(2) by adding at the end the following:
``(E) that determine the best strategy to use to expedite
the interstate placement of children, including--
``(i) requiring courts in different States to cooperate
in the sharing of information;
``(ii) authorizing courts to obtain information and
testimony from agencies and parties in other States without
requiring interstate travel by the agencies and parties;
and
``(iii) permitting the participation of parents,
children, other necessary parties, and attorneys in cases
involving interstate placement without requiring their
interstate travel; and''.

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(a) In General.--Section 471(a)(15)(C) of the Social Security Act
(42 U.S.C. 671(a)(15)(C)) is amended by inserting ``(including, if
appropriate, through an interstate placement)'' after ``accordance with
the permanency plan''.
(b) Permanency Hearing.--Section 471(a)(15)(E)(i) of such Act (42
U.S.C. 671(a)(15)(E)(i)) is amended by inserting ``, which considers
in-State and out-of-State permanent placement options for the child,''
before ``shall''.
(c) Concurrent Planning.--Section 471(a)(15)(F) of such Act (42
U.S.C. 671(a)(15)(F)) is amended by inserting ``, including identifying
appropriate in-State and out-of-State placements'' before ``may''.

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Section 475(1)(E) of the Social Security Act (42 U.S.C. 675(1)(E))
is amended by inserting ``to facilitate orderly and timely in-State and
interstate placements'' before the period.

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Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C)
is amended--
(1) by inserting ``, in the case of a child who will not be
returned to the parent, the hearing shall consider in-State and
out-of-State placement options,'' after ``living arrangement''; and
(2) by inserting ``the hearing shall determine'' before
``whether the''.

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Section 422(b)(12) of the Social Security Act (42 U.S.C.
622(b)(12)) is amended--
(1) by striking ``develop plans for the'' and inserting
``make'';
(2) by inserting ``(including through contracts for the
purchase of services)'' after ``resources''; and
(3) by inserting ``, and shall eliminate legal barriers,''
before ``to facilitate''.

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(a) In General.--Except as otherwise provided in this section, the
amendments made by this Act shall take effect on October 1, 2006, 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 under part B or E of title IV of the Social
Security Act to meet the additional requirements imposed by the
amendments made by a provision of this Act, 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Safe and Timely Interstate Placement of Foster Children Act of 2006 — HR. 5403

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