[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2944 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 2944
To amend the Child Abuse Prevention and Treatment Act to examine and
improve the child welfare workforce, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 30, 2008
Mr. Reid (for Mrs. Clinton) introduced the following bill; which was
read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Child Abuse Prevention and Treatment Act to examine and
improve the child welfare workforce, 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 Welfare Workforce Improvement
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1)(A) Research indicates that child welfare staff face a
variety of obstacles that hinder their effective work with
children and families in the child welfare system. These
obstacles include barriers described in subparagraphs (B)
through (D).
(B) High caseload and high workload levels prevent child
welfare staff from working intensively with children and
families and monitoring their progress carefully.
(C) Child welfare staff report a need for greater access to
supervision, mentoring, and professional advancement. A lack of
access to supervision, mentoring, and professional advancement
contributes to staff burnout and turnover.
(D) States report difficulty hiring and retaining quality
child welfare staff. The average tenure of such a staff member
is less than 2 years. In addition to increasing the cost of
hiring and training new child welfare staff, high turnover
rates among such staff are associated with multiple placements
of children in foster care, longer lengths of stays in foster
care, lower rates of permanency, and failed efforts at family
reunification. Lengthy periods of foster care increase costs
for child welfare agencies, as maintaining children in foster
care is more expensive than adoption, reunification, or other
permanency options.
(2) Federal funding under part E of title IV of the Social
Security Act for training of child welfare staff is limited.
The related Federal funding procedures are linked to an
outdated income eligibility requirement and administered in a
way that fails to recognize the scope or types of staff who are
working with children in the child welfare system.
SEC. 3. DEFINITIONS.
Section 111 of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106g) is amended--
(1) by redesignating paragraphs (3) through (6) as
paragraphs (5) through (8), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) the term `child welfare staff' means--
``(A) employees of State and local child welfare
agencies, who are working with children and families
that have contact with such a child welfare agency, in
order to promote safety, permanence, and well-being for
children and families; and
``(B) employees of State-licensed or State-approved
nonprofit private agencies, who are working with
children and families that have contact with a State or
local child welfare agency in order to promote safety,
permanence, and well-being for children and families;
``(4) the term `related professionals', used with respect
to child welfare staff, means--
``(A) legal staff, working with children and
families that have contact with a State or local child
welfare agency, including judges, attorneys, guardians
ad litem, and court appointed special advocates; and
``(B) individuals employed by public or nonprofit
private agencies in child- and family-serving fields
including education, health, mental health, substance
abuse prevention and treatment, juvenile justice, and
domestic violence services, who work with children and
families that have contact with a State or local child
welfare agency;''.
SEC. 4. DATA COLLECTION AND RESEARCH TO INCREASE ACCOUNTABILITY FOR
OUTCOMES FOR CHILDREN.
The Child Abuse Prevention and Treatment Act is amended by
inserting after section 104 (42 U.S.C. 5105) the following:
``SEC. 104A. DATA COLLECTION AND RESEARCH TO INCREASE ACCOUNTABILITY
FOR OUTCOMES FOR CHILDREN.
``(a) National Child Welfare Staff Study.--
``(1) Study and report.--The Secretary shall enter into an
agreement with the National Academy of Sciences, under which
the National Academy of Sciences shall--
``(A) conduct a national study of child welfare
staff to--
``(i) examine and provide findings related
to the demographic and other characteristics of
child welfare staff, including salaries,
academic degrees held, training received, and
turnover;
``(ii) examine and provide findings
regarding factors contributing to child welfare
staff turnover and strategies that have been
effective in reducing the turnover;
``(iii)(I) examine and provide findings
regarding strengths and challenges present in
the working relationship between child welfare
staff and related professionals; and
``(II) make recommendations regarding how
this working relationship may be improved;
``(iv) examine and provide findings, and
make recommendations, regarding appropriate
overall workloads and caseloads for all child
welfare staff, including appropriate workloads
and caseloads for supervisors, analyzed by type
of child welfare staff member supervised, and
appropriate measurement of such overall
workloads and caseloads;
``(v)(I) examine and provide findings
related to policy and practice regarding
education level and training requirements for
child welfare staff; and
``(II) make recommendations regarding
appropriate education levels and training to
ensure competent child welfare staff; and
``(vi)(I) examine and provide findings
related to the kinds of data available to or
collected by State or local child welfare
agencies with regard to child welfare staff;
``(II) examine the methods and kinds of
data on child welfare staff that States report
to the Secretary through the data collection
systems authorized under section 103(c)(1)(C),
section 477(f) of the Social Security Act (42
U.S.C. 677(f)), and section 479 of that Act (42
U.S.C. 679);
``(III) make recommendations on how States
might collect data on child welfare staff, and
report the data to the Secretary, regularly and
in a manner that enables the data to be linked
to the outcomes achieved for individual
children served by the State or local child
welfare agency involved, which shall include--
``(aa) a means of incorporating the
data into the data collection system
authorized under section 479 of the
Social Security Act (42 U.S.C. 679);
and
``(bb) as appropriate, a means of
linking the data to the information
collected through the data collection
systems authorized under section
103(c)(1)(C) and under section 477(f)
of the Social Security Act (42 U.S.C.
677(f)); and
``(IV) examine and provide findings
regarding the impact of data collection
procedures and requirements on child welfare
staff, and make recommendations for collecting
data on child welfare staff in such a way that
the attention and time of child welfare staff
are not diverted from providing services to
children and families in order to meet data
collection requirements; and
``(B) not later that 18 months after the date on
which the Secretary and the National Academy of
Sciences enter into the agreement, submit a report
containing the results of the study, including the
findings and recommendations described in subparagraph
(A), to the Secretary.
``(2) Report to congress.--Not later than 3 months after
receiving the report submitted under paragraph (1)(B), the
Secretary shall transmit the report to the appropriate
committees of Congress, along with a description of how the
Secretary plans to consult with State administrators, child
welfare staff, and other appropriate stakeholders to issue the
proposed regulations described in subsection (b)(1).
``(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out paragraph (1), $5,000,000 for
fiscal years 2009 through 2013.
``(b) Collection and Reporting of Data on Child Welfare Staff.--
``(1) Proposed regulations.--The Secretary shall consult
with State administrators, child welfare staff, and other
appropriate stakeholders and, not later than 12 months after
receiving the report described in subsection (a)(1)(B), shall
issue proposed regulations, which shall--
``(A) be based on the recommendations of the
report; and
``(B) require States to collect data on child
welfare staff, and report the data to the Secretary,
regularly and in a manner that enables the data to be
linked to the outcomes achieved for individual children
served by the State or local child welfare agency
involved, which shall include--
``(i) a means of incorporating the data
into the data collection system authorized
under section 479 of the Social Security Act
(42 U.S.C. 679); and
``(ii) as appropriate, a means of linking
the data to the information collected through
the data collection systems authorized under
section 103(c)(1)(C) and under section 477(f)
of the Social Security Act (42 U.S.C. 677(f)).
``(2) Final regulations.--Not later than 2 years after
receiving the report described in subsection (a)(1)(B), the
Secretary shall issue final regulations that meet the
requirements of subparagraphs (A) and (B) of paragraph (1).''.
SEC. 5. REMOVAL OF BARRIERS TO PROVIDING TRAINING FOR CHILD WELFARE
STAFF AND RELATED PROFESSIONALS UNDER PARTS B AND E OF
TITLE IV OF THE SOCIAL SECURITY ACT.
(a) Removal of Certain Funding Restrictions.--
(1) In general.--Section 474 of the Social Security Act (42
U.S.C. 672) is amended by adding at the end the following new
subsection:
``(g) Training Expenditures To Develop and Improve the Child
Welfare Workforce.--
``(1) De-linking of afdc eligibility criteria.--The
Secretary shall treat as necessary for the proper and efficient
administration of the State plan all expenditures by a State
for training activities described in subparagraph (A) or (B) of
subsection (a)(3) without regard to whether individuals
participating in such activities include individuals providing
services or treatment to foster or adoptive children other than
those on behalf of whom foster care maintenance payments or
adoption assistance payments may be made under this part.
``(2) Training related to services for children and
families that have contact with the state agency or the local
agency administering a state plan.--The Secretary shall treat
as necessary for the proper and efficient administration of the
State plan all expenditures by the State for training
activities described in subparagraph (A) or (B) of subsection
(a)(3) without regard to whether such training covers services,
programs, and activities carried out under the State plan
approved under this part or the State plans approved under part
B.
``(3) Removal of prohibition on funding state share from
private sources for expenditures for training partnerships with
private nonprofit educational institutions.--With respect to
expenditures by a State for short- and long-term training at
educational institutions through grants to such institutions or
by direct financial assistance to students enrolled in such
institutions for which Federal payments are provided under
subparagraph (A) or (B) of subsection (a)(3) funds from private
nonprofit educational institutions may be considered as the
State's share in claiming Federal reimbursement for such
expenditures without regard to any requirement that the funds--
``(A) be transferred to the State or local agency
and under its administrative control;
``(B) be donated without any restriction which
would require their use for the training of a
particular individual or at particular facilities or
institutions; or
``(C) do not revert to the private source's
facility or use.''.
(2) Conforming amendments.--Section 474(a)(3) of the Social
Security Act (42 U.S.C. 674(a)(3)) is amended--
(A) in the matter preceding subparagraph (A), by
inserting ``subsection (g) and'' before ``section
472(i)'';
(B) in subparagraph (A), by striking ``per centum''
and inserting ``percent''; and
(C) in subparagraph (B), by striking ``receiving
assistance under this part''.
(b) Definition of Child Welfare Staff and Related Professionals.--
Section 474(a)(3) of the Social Security Act (42 U.S.C. 674(a)(3)) is
amended--
(1) in subparagraph (A)--
(A) by striking ``personnel'' and inserting ``child
welfare staff (as such term is defined in section 111
of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106g))''; and
(B) by inserting ``or by State-licensed or State-
approved nonprofit private agencies,'' after
``political subdivision,''; and
(2) in subparagraph (B) (as amended by subsection
(a)(2)(C))--
(A) by inserting ``(i)'' after ``(B)'';
(B) by striking ``current or prospective foster or
adoptive parents and the members of the staff of State-
licensed or State-approved child care institutions
providing care to foster and adopted children, in ways
that increase the ability of such current or
prospective parents, staff members, and institutions''
and inserting ``child welfare staff (as so defined),
current or prospective foster or adoptive parents, and
the members of the staff of State-licensed or State-
approved child care institutions providing care to
foster and adopted children, in ways that increase the
ability of such staff, current or prospective parents,
and institutions'';
(C) by adding ``and'' after ``contract,''; and
(D) by adding at the end the following new
subclause:
``(ii) 75 percent of so much of such expenditures
as are for the short-term training of related
professionals (as such term is defined in section 111
of the Child Abuse Prevention and Treatment Act (42
U.S.C. 5106g)) to the extent that such training
pertains to the way in which those related
professionals work with children and families that have
contact with the State agency or the local agency
administering the plan in the political subdivision,''.
(c) State Plan Requirement for Annual Evaluation and Assessment of
Training and Staff Development Activities Under Parts B and E.--Section
471(a)(7) of the Social Security Act (42 U.S.C. 671(a)(7)) is amended--
(1) by striking ``will monitor'' and inserting ``will--
``(A) monitor'';
(2) by adding ``and'' after the semicolon; and
(3) by adding the following new subparagraph:
``(B) with respect to training activities for which
Federal payments are provided under subparagraph (A) or
(B) of 474(a)(3), establish and maintain a plan for
evaluation of such activities, and of the child welfare
services staff development and training conducted by
the State in accordance with section 422(b)(4)(B), that
includes at least an annual assessment of the nature of
the such activities and such staff development and
training, the types of staff trained and developed, and
the intended and actual impact of the training and
staff development activities on participating staff,
and on children and families;''.
(d) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the 1st day of the 1st calendar quarter that
begins on or after the date of the enactment of this Act,
without regard to whether regulations to implement the
amendment are promulgated by such date.
(2) Delay permitted if state legislation required.--In the
case of a State plan approved under section 471 of the Social
Security Act which requires State legislation (other than
legislation appropriating funds) in order for the plan to meet
the additional requirements imposed by the amendment made by
subsection (a) of this section, the State plan shall not be
regarded as failing to comply with the additional requirements
solely on the basis of the failure of the plan to meet the
additional requirements before the first day of the first
calendar quarter beginning after the close of the first regular
session of the State legislature that begins after the date of
the enactment of this Act. For purposes of the previous
sentence, in the case of a State that has a 2-year legislative
session, each year of such session shall be deemed to be a
separate regular session of the State legislature.
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