[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5456 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 527
114th CONGRESS
2d Session
H. R. 5456
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2016
Received; read the first time
June 23, 2016
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To amend parts B and E of title IV of the Social Security Act to invest
in funding prevention and family services to help keep children safe
and supported at home, to ensure that children in foster care are
placed in the least restrictive, most family-like, and appropriate
settings, 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 ``Family First Prevention Services Act
of 2016''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--INVESTING IN PREVENTION AND FAMILY SERVICES
Sec. 101. Purpose.
Subtitle A--Prevention Activities Under Title IV-E
Sec. 111. Foster care prevention services and programs.
Sec. 112. Foster care maintenance payments for children with parents in
a licensed residential family-based
treatment facility for substance abuse.
Sec. 113. Title IV-E payments for evidence-based kinship navigator
programs.
Subtitle B--Enhanced Support Under Title IV-B
Sec. 121. Elimination of time limit for family reunification services
while in foster care and permitting time-
limited family reunification services when
a child returns home from foster care.
Sec. 122. Reducing bureaucracy and unnecessary delays when placing
children in homes across State lines.
Sec. 123. Enhancements to grants to improve well-being of families
affected by substance abuse.
Subtitle C--Miscellaneous
Sec. 131. Reviewing and improving licensing standards for placement in
a relative foster family home.
Sec. 132. Development of a statewide plan to prevent child abuse and
neglect fatalities.
Sec. 133. Modernizing the title and purpose of title IV-E.
Sec. 134. Effective dates.
TITLE II--ENSURING THE NECESSITY OF A PLACEMENT THAT IS NOT IN A FOSTER
FAMILY HOME
Sec. 201. Limitation on Federal financial participation for placements
that are not in foster family homes.
Sec. 202. Assessment and documentation of the need for placement in a
qualified residential treatment program.
Sec. 203. Protocols to prevent inappropriate diagnoses.
Sec. 204. Additional data and reports regarding children placed in a
setting that is not a foster family home.
Sec. 205. Effective dates; application to waivers.
TITLE III--CONTINUING SUPPORT FOR CHILD AND FAMILY SERVICES
Sec. 301. Supporting and retaining foster families for children.
Sec. 302. Extension of child and family services programs.
Sec. 303. Improvements to the John H. Chafee Foster Care Independence
Program and related provisions.
TITLE IV--CONTINUING INCENTIVES TO STATES TO PROMOTE ADOPTION AND LEGAL
GUARDIANSHIP
Sec. 401. Reauthorizing adoption and legal guardianship incentive
programs.
TITLE V--TECHNICAL CORRECTIONS
Sec. 501. Technical corrections to data exchange standards to improve
program coordination.
Sec. 502. Technical corrections to State requirement to address the
developmental needs of young children.
TITLE VI--ENSURING STATES REINVEST SAVINGS RESULTING FROM INCREASE IN
ADOPTION ASSISTANCE
Sec. 601. Delay of adoption assistance phase-in.
Sec. 602. GAO study and report on State reinvestment of savings
resulting from increase in adoption
assistance.
TITLE I--INVESTING IN PREVENTION AND FAMILY SERVICES
SEC. 101. PURPOSE.
The purpose of this title is to enable States to use Federal funds
available under parts B and E of title IV of the Social Security Act to
provide enhanced support to children and families and prevent foster
care placements through the provision of mental health and substance
abuse prevention and treatment services, in-home parent skill-based
programs, and kinship navigator services.
Subtitle A--Prevention Activities Under Title IV-E
SEC. 111. FOSTER CARE PREVENTION SERVICES AND PROGRAMS.
(a) State Option.--Section 471 of the Social Security Act (42
U.S.C. 671) is amended--
(1) in subsection (a)(1), by striking ``and'' and all that
follows through the semicolon and inserting ``, adoption
assistance in accordance with section 473, and, at the option
of the State, services or programs specified in subsection
(e)(1) of this section for children who are candidates for
foster care or who are pregnant or parenting foster youth and
the parents or kin caregivers of the children, in accordance
with the requirements of that subsection;''; and
(2) by adding at the end the following:
``(e) Prevention and Family Services and Programs.--
``(1) In general.--Subject to the succeeding provisions of
this subsection, the Secretary may make a payment to a State
for providing the following services or programs for a child
described in paragraph (2) and the parents or kin caregivers of
the child when the need of the child, such a parent, or such a
caregiver for the services or programs are directly related to
the safety, permanence, or well-being of the child or to
preventing the child from entering foster care:
``(A) Mental health and substance abuse prevention
and treatment services.--Mental health and substance
abuse prevention and treatment services provided by a
qualified clinician for not more than a 12-month period
that begins on any date described in paragraph (3) with
respect to the child.
``(B) In-home parent skill-based programs.--In-home
parent skill-based programs for not more than a 12-
month period that begins on any date described in
paragraph (3) with respect to the child and that
include parenting skills training, parent education,
and individual and family counseling.
``(2) Child described.--For purposes of paragraph (1), a
child described in this paragraph is the following:
``(A) A child who is a candidate for foster care
(as defined in section 475(13)) but can remain safely
at home or in a kinship placement with receipt of
services or programs specified in paragraph (1).
``(B) A child in foster care who is a pregnant or
parenting foster youth.
``(3) Date described.--For purposes of paragraph (1), the
dates described in this paragraph are the following:
``(A) The date on which a child is identified in a
prevention plan maintained under paragraph (4) as a
child who is a candidate for foster care (as defined in
section 475(13)).
``(B) The date on which a child is identified in a
prevention plan maintained under paragraph (4) as a
pregnant or parenting foster youth in need of services
or programs specified in paragraph (1).
``(4) Requirements related to providing services and
programs.--Services and programs specified in paragraph (1) may
be provided under this subsection only if specified in advance
in the child's prevention plan described in subparagraph (A)
and the requirements in subparagraphs (B) through (E) are met:
``(A) Prevention plan.--The State maintains a
written prevention plan for the child that meets the
following requirements (as applicable):
``(i) Candidates.--In the case of a child
who is a candidate for foster care described in
paragraph (2)(A), the prevention plan shall--
``(I) identify the foster care
prevention strategy for the child so
that the child may remain safely at
home, live temporarily with a kin
caregiver until reunification can be
safely achieved, or live permanently
with a kin caregiver;
``(II) list the services or
programs to be provided to or on behalf
of the child to ensure the success of
that prevention strategy; and
``(III) comply with such other
requirements as the Secretary shall
establish.
``(ii) Pregnant or parenting foster
youth.--In the case of a child who is a
pregnant or parenting foster youth described in
paragraph (2)(B), the prevention plan shall--
``(I) be included in the child's
case plan required under section
475(1);
``(II) list the services or
programs to be provided to or on behalf
of the youth to ensure that the youth
is prepared (in the case of a pregnant
foster youth) or able (in the case of a
parenting foster youth) to be a parent;
``(III) describe the foster care
prevention strategy for any child born
to the youth; and
``(IV) comply with such other
requirements as the Secretary shall
establish.
``(B) Trauma-informed.--The services or programs to
be provided to or on behalf of a child are provided
under an organizational structure and treatment
framework that involves understanding, recognizing, and
responding to the effects of all types of trauma and in
accordance with recognized principles of a trauma-
informed approach and trauma-specific interventions to
address trauma's consequences and facilitate healing.
``(C) Only services and programs provided in
accordance with promising, supported, or well-supported
practices permitted.--
``(i) In general.--Only State expenditures
for services or programs specified in
subparagraph (A) or (B) of paragraph (1) that
are provided in accordance with practices that
meet the requirements specified in clause (ii)
of this subparagraph and that meet the
requirements specified in clause (iii), (iv),
or (v), respectively, for being a promising,
supported, or well-supported practice, shall be
eligible for a Federal matching payment under
section 474(a)(6)(A).
``(ii) General practice requirements.--The
general practice requirements specified in this
clause are the following:
``(I) The practice has a book,
manual, or other available writings
that specify the components of the
practice protocol and describe how to
administer the practice.
``(II) There is no empirical basis
suggesting that, compared to its likely
benefits, the practice constitutes a
risk of harm to those receiving it.
``(III) If multiple outcome studies
have been conducted, the overall weight
of evidence supports the benefits of
the practice.
``(IV) Outcome measures are
reliable and valid, and are
administrated consistently and
accurately across all those receiving
the practice.
``(V) There is no case data
suggesting a risk of harm that was
probably caused by the treatment and
that was severe or frequent.
``(iii) Promising practice.--A practice
shall be considered to be a `promising
practice' if the practice is superior to an
appropriate comparison practice using
conventional standards of statistical
significance (in terms of demonstrated
meaningful improvements in validated measures
of important child and parent outcomes, such as
mental health, substance abuse, and child
safety and well-being), as established by the
results or outcomes of at least one study
that--
``(I) was rated by an independent
systematic review for the quality of
the study design and execution and
determined to be well-designed and
well-executed; and
``(II) utilized some form of
control (such as an untreated group, a
placebo group, or a wait list study).
``(iv) Supported practice.--A practice
shall be considered to be a `supported
practice' if--
``(I) the practice is superior to
an appropriate comparison practice
using conventional standards of
statistical significance (in terms of
demonstrated meaningful improvements in
validated measures of important child
and parent outcomes, such as mental
health, substance abuse, and child
safety and well-being), as established
by the results or outcomes of at least
one study that--
``(aa) was rated by an
independent systematic review
for the quality of the study
design and execution and
determined to be well-designed
and well-executed;
``(bb) was a rigorous
random-controlled trial (or, if
not available, a study using a
rigorous quasi-experimental
research design); and
``(cc) was carried out in a
usual care or practice setting;
and
``(II) the study described in
subclause (I) established that the
practice has a sustained effect (when
compared to a control group) for at
least 6 months beyond the end of the
treatment.
``(v) Well-supported practice.--A practice
shall be considered to be a `well-supported
practice' if--
``(I) the practice is superior to
an appropriate comparison practice
using conventional standards of
statistical significance (in terms of
demonstrated meaningful improvements in
validated measures of important child
and parent outcomes, such as mental
health, substance abuse, and child
safety and well-being), as established
by the results or outcomes of at least
two studies that--
``(aa) were rated by an
independent systematic review
for the quality of the study
design and execution and
determined to be well-designed
and well-executed;
``(bb) were rigorous
random-controlled trials (or,
if not available, studies using
a rigorous quasi-experimental
research design); and
``(cc) were carried out in
a usual care or practice
setting; and
``(II) at least one of the studies
described in subclause (I) established
that the practice has a sustained
effect (when compared to a control
group) for at least 1 year beyond the
end of treatment.
``(D) Guidance on practices criteria and pre-
approved services and programs.--
``(i) In general.--Not later than October
1, 2018, the Secretary shall issue guidance to
States regarding the practices criteria
required for services or programs to satisfy
the requirements of subparagraph (C). The
guidance shall include a pre-approved list of
services and programs that satisfy the
requirements.
``(ii) Updates.--The Secretary shall issue
updates to the guidance required by clause (i)
as often as the Secretary determines necessary.
``(E) Outcome assessment and reporting.--The State
shall collect and report to the Secretary the following
information with respect to each child for whom, or on
whose behalf mental health and substance abuse
prevention and treatment services or in-home parent
skill-based programs are provided during a 12-month
period beginning on the date the child is determined by
the State to be a child described in paragraph (2):
``(i) The specific services or programs
provided and the total expenditures for each of
the services or programs.
``(ii) The duration of the services or
programs provided.
``(iii) In the case of a child described in
paragraph (2)(A), the child's placement status
at the beginning, and at the end, of the 1-year
period, respectively, and whether the child
entered foster care within 2 years after being
determined a candidate for foster care.
``(5) State plan component.--
``(A) In general.--A State electing to provide
services or programs specified in paragraph (1) shall
submit as part of the State plan required by subsection
(a) a prevention services and programs plan component
that meets the requirements of subparagraph (B).
``(B) Prevention services and programs plan
component.--In order to meet the requirements of this
subparagraph, a prevention services and programs plan
component, with respect to each 5-year period for which
the plan component is in operation in the State, shall
include the following:
``(i) How providing services and programs
specified in paragraph (1) is expected to
improve specific outcomes for children and
families.
``(ii) How the State will monitor and
oversee the safety of children who receive
services and programs specified in paragraph
(1), including through periodic risk
assessments throughout the period in which the
services and programs are provided on behalf of
a child and reexamination of the prevention
plan maintained for the child under paragraph
(4) for the provision of the services or
programs if the State determines the risk of
the child entering foster care remains high
despite the provision of the services or
programs.
``(iii) With respect to the services and
programs specified in subparagraphs (A) and (B)
of paragraph (1), information on the specific
promising, supported, or well-supported
practices the State plans to use to provide the
services or programs, including a description
of--
``(I) the services or programs and
whether the practices used are
promising, supported, or well-
supported;
``(II) how the State plans to
implement the services or programs,
including how implementation of the
services or programs will be
continuously monitored to ensure
fidelity to the practice model and to
determine outcomes achieved and how
information learned from the monitoring
will be used to refine and improve
practices;
``(III) how the State selected the
services or programs;
``(IV) the target population for
the services or programs; and
``(V) how each service or program
provided will be evaluated through a
well-designed and rigorous process,
which may consist of an ongoing, cross-
site evaluation approved by the
Secretary.
``(iv) A description of the consultation
that the State agencies responsible for
administering the State plans under this part
and part B engage in with other State agencies
responsible for administering health programs,
including mental health and substance abuse
prevention and treatment services, and with
other public and private agencies with
experience in administering child and family
services, including community-based
organizations, in order to foster a continuum
of care for children described in paragraph (2)
and their parents or kin caregivers.
``(v) A description of how the State shall
assess children and their parents or kin
caregivers to determine eligibility for
services or programs specified in paragraph
(1).
``(vi) A description of how the services or
programs specified in paragraph (1) that are
provided for or on behalf of a child and the
parents or kin caregivers of the child will be
coordinated with other child and family
services provided to the child and the parents
or kin caregivers of the child under the State
plan under part B.
``(vii) Descriptions of steps the State is
taking to support and enhance a competent,
skilled, and professional child welfare
workforce to deliver trauma-informed and
evidence-based services, including--
``(I) ensuring that staff is
qualified to provide services or
programs that are consistent with the
promising, supported, or well-supported
practice models selected; and
``(II) developing appropriate
prevention plans, and conducting the
risk assessments required under clause
(iii).
``(viii) A description of how the State
will provide training and support for
caseworkers in assessing what children and
their families need, connecting to the families
served, knowing how to access and deliver the
needed trauma-informed and evidence-based
services, and overseeing and evaluating the
continuing appropriateness of the services.
``(ix) A description of how caseload size
and type for prevention caseworkers will be
determined, managed, and overseen.
``(x) An assurance that the State will
report to the Secretary such information and
data as the Secretary may require with respect
to the provision of services and programs
specified in paragraph (1), including
information and data necessary to determine the
performance measures for the State under
paragraph (6) and compliance with paragraph
(7).
``(C) Reimbursement for services under the
prevention plan component.--
``(i) Limitation.--Except as provided in
subclause (ii), a State may not receive a
Federal payment under this part for a given
promising, supported, or well-supported
practice unless (in accordance with
subparagraph (B)(iii)(V)) the plan includes a
well-designed and rigorous evaluation strategy
for that practice.
``(ii) Waiver of limitation.--The Secretary
may waive the requirement for a well-designed
and rigorous evaluation of any well-supported
practice if the Secretary deems the evidence of
the effectiveness of the practice to be
compelling and the State meets the continuous
quality improvement requirements included in
subparagraph (B)(iii)(II) with regard to the
practice.
``(6) Prevention services measures.--
``(A) Establishment; annual updates.--Beginning
with fiscal year 2021, and annually thereafter, the
Secretary shall establish the following prevention
services measures based on information and data
reported by States that elect to provide services and
programs specified in paragraph (1):
``(i) Percentage of candidates for foster
care who do not enter foster care.--The
percentage of candidates for foster care for
whom, or on whose behalf, the services or
programs are provided who do not enter foster
care, including those placed with a kin
caregiver outside of foster care, during the
12-month period in which the services or
programs are provided and through the end of
the succeeding 12-month-period.
``(ii) Per-child spending.--The total
amount of expenditures made for mental health
and substance abuse prevention and treatment
services or in-home parent skill-based
programs, respectively, for, or on behalf of,
each child described in paragraph (2).
``(B) Data.--The Secretary shall establish and
annually update the prevention services measures--
``(i) based on the median State values of
the information reported under each clause of
subparagraph (A) for the 3 then most recent
years; and
``(ii) taking into account State
differences in the price levels of consumption
goods and services using the most recent
regional price parities published by the Bureau
of Economic Analysis of the Department of
Commerce or such other data as the Secretary
determines appropriate.
``(C) Publication of state prevention services
measures.--The Secretary shall annually make available
to the public the prevention services measures of each
State.
``(7) Maintenance of effort for state foster care
prevention expenditures.--
``(A) In general.--If a State elects to provide
services and programs specified in paragraph (1) for a
fiscal year, the State foster care prevention
expenditures for the fiscal year shall not be less than
the amount of the expenditures for fiscal year 2014.
``(B) State foster care prevention expenditures.--
The term `State foster care prevention expenditures'
means the following:
``(i) TANF; iv-b; ssbg.--State expenditures
for foster care prevention services and
activities under the State program funded under
part A (including from amounts made available
by the Federal Government), under the State
plan developed under part B (including any such
amounts), or under the Social Services Block
Grant Programs under subtitle A of title XX
(including any such amounts).
``(ii) Other state programs.--State
expenditures for foster care prevention
services and activities under any State program
that is not described in clause (i) (other than
any State expenditures for foster care
prevention services and activities under the
State program under this part (including under
a waiver of the program)).
``(C) State expenditures.--The term `State
expenditures' means all State or local funds that are
expended by the State or a local agency including State
or local funds that are matched or reimbursed by the
Federal Government and State or local funds that are
not matched or reimbursed by the Federal Government.
``(D) Determination of prevention services and
activities.--The Secretary shall require each State
that elects to provide services and programs specified
in paragraph (1) to report the expenditures specified
in subparagraph (B) for fiscal year 2014 and for such
fiscal years thereafter as are necessary to determine
whether the State is complying with the maintenance of
effort requirement in subparagraph (A). The Secretary
shall specify the specific services and activities
under each program referred to in subparagraph (B) that
are `prevention services and activities' for purposes
of the reports.
``(8) Prohibition against use of state foster care
prevention expenditures and federal iv-e prevention funds for
matching or expenditure requirement.--A State that elects to
provide services and programs specified in paragraph (1) shall
not use any State foster care prevention expenditures for a
fiscal year for the State share of expenditures under section
474(a)(6) for a fiscal year.
``(9) Administrative costs.--Expenditures described in
section 474(a)(6)(B)--
``(A) shall not be eligible for payment under
subparagraph (A), (B), or (E) of section 474(a)(3); and
``(B) shall be eligible for payment under section
474(a)(6)(B) without regard to whether the expenditures
are incurred on behalf of a child who is, or is
potentially, eligible for foster care maintenance
payments under this part.
``(10) Application.--The provision of services or programs
under this subsection to or on behalf of a child described in
paragraph (2) shall not be considered to be receipt of aid or
assistance under the State plan under this part for purposes of
eligibility for any other program established under this
Act.''.
(b) Definition.--Section 475 of such Act (42 U.S.C. 675) is amended
by adding at the end the following:
``(13) The term `child who is a candidate for foster care'
means, a child who is identified in a prevention plan under
section 471(e)(4)(A) as being at imminent risk of entering
foster care (without regard to whether the child would be
eligible for foster care maintenance payments under section 472
or is or would be eligible for adoption assistance or kinship
guardianship assistance payments under section 473) but who can
remain safely in the child's home or in a kinship placement as
long as services or programs specified in section 471(e)(1)
that are necessary to prevent the entry of the child into
foster care are provided. The term includes a child whose
adoption or guardianship arrangement is at risk of a disruption
or dissolution that would result in a foster care placement.''.
(c) Payments Under Title IV-E.--Section 474(a) of such Act (42
U.S.C. 674(a)) is amended--
(1) in paragraph (5), by striking the period at the end and
inserting ``; plus''; and
(2) by adding at the end the following:
``(6) subject to section 471(e)--
``(A) for each quarter--
``(i) subject to clause (ii)--
``(I) beginning after September 30,
2019, and before October 1, 2025, an
amount equal to 50 percent of the total
amount expended during the quarter for
the provision of services or programs
specified in subparagraph (A) or (B) of
section 471(e)(1) that are provided in
accordance with promising, supported,
or well-supported practices that meet
the applicable criteria specified for
the practices in section 471(e)(4)(C);
and
``(II) beginning after September
30, 2025, an amount equal to the
Federal medical assistance percentage
(which shall be as defined in section
1905(b), in the case of a State other
than the District of Columbia, or 70
percent, in the case of the District of
Columbia) of the total amount expended
during the quarter for the provision of
services or programs specified in
subparagraph (A) or (B) of section
471(e)(1) that are provided in
accordance with promising, supported,
or well-supported practices that meet
the applicable criteria specified for
the practices in section 471(e)(4)(C)
(or, with respect to the payments made
during the quarter under a cooperative
agreement or contract entered into by
the State and an Indian tribe, tribal
organization, or tribal consortium for
the administration or payment of funds
under this part, an amount equal to the
Federal medical assistance percentage
that would apply under section 479B(d)
(in this paragraph referred to as the
`tribal FMAP') if the Indian tribe,
tribal organization, or tribal
consortium made the payments under a
program operated under that section,
unless the tribal FMAP is less than the
Federal medical assistance percentage
that applies to the State); except that
``(ii) not less than 50 percent of the
total amount payable to a State under clause
(i) for a fiscal year shall be for the
provision of services or programs specified in
subparagraph (A) or (B) of section 471(e)(1)
that are provided in accordance with well-
supported practices; plus
``(B) for each quarter specified in subparagraph
(A), an amount equal to the sum of the following
proportions of the total amount expended during the
quarter:
``(i) 50 percent of so much of the
expenditures as are found necessary by the
Secretary for the proper and efficient
administration of the State plan for the
provision of services or programs specified in
section 471(e)(1), including expenditures for
activities approved by the Secretary that
promote the development of necessary processes
and procedures to establish and implement the
provision of the services and programs for
individuals who are eligible for the services
and programs and expenditures attributable to
data collection and reporting; and
``(ii) 50 percent of so much of the
expenditures with respect to the provision of
services and programs specified in section
471(e)(1) as are for training of personnel
employed or preparing for employment by the
State agency or by the local agency
administering the plan in the political
subdivision and of the members of the staff of
State-licensed or State-approved child welfare
agencies providing services to children
described in section 471(e)(2) and their
parents or kin caregivers, including on how to
determine who are individuals eligible for the
services or programs, how to identify and
provide appropriate services and programs, and
how to oversee and evaluate the ongoing
appropriateness of the services and
programs.''.
(d) Technical Assistance and Best Practices, Clearinghouse, and
Data Collection and Evaluations.--Section 476 of such Act (42 U.S.C.
676) is amended by adding at the end the following:
``(d) Technical Assistance and Best Practices, Clearinghouse, Data
Collection, and Evaluations Relating to Prevention Services and
Programs.--
``(1) Technical assistance and best practices.--The
Secretary shall provide to States and, as applicable, to Indian
tribes, tribal organizations, and tribal consortia, technical
assistance regarding the provision of services and programs
described in section 471(e)(1) and shall disseminate best
practices with respect to the provision of the services and
programs, including how to plan and implement a well-designed
and rigorous evaluation of a promising, supported, or well-
supported practice.
``(2) Clearinghouse of promising, supported, and well-
supported practices.--The Secretary shall, directly or through
grants, contracts, or interagency agreements, evaluate research
on the practices specified in clauses (iii), (iv), and (v),
respectively, of section 471(e)(4)(C), and programs that meet
the requirements described in section 427(a)(1), including
culturally specific, or location- or population-based
adaptations of the practices, to identify and establish a
public clearinghouse of the practices that satisfy each
category described by such clauses. In addition, the
clearinghouse shall include information on the specific
outcomes associated with each practice, including whether the
practice has been shown to prevent child abuse and neglect and
reduce the likelihood of foster care placement by supporting
birth families and kinship families and improving targeted
supports for pregnant and parenting youth and their children.
``(3) Data collection and evaluations.--The Secretary,
directly or through grants, contracts, or interagency
agreements, may collect data and conduct evaluations with
respect to the provision of services and programs described in
section 471(e)(1) for purposes of assessing the extent to which
the provision of the services and programs--
``(A) reduces the likelihood of foster care
placement;
``(B) increases use of kinship care arrangements;
or
``(C) improves child well-being.
``(4) Reports to congress.--
``(A) In general.--The Secretary shall submit to
the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of
Representatives periodic reports based on the provision
of services and programs described in section 471(e)(1)
and the activities carried out under this subsection.
``(B) Public availability.--The Secretary shall
make the reports to Congress submitted under this
paragraph publicly available.
``(5) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there is
appropriated to the Secretary $1,000,000 for fiscal year 2016
and each fiscal year thereafter to carry out this
subsection.''.
(e) Application to Programs Operated by Indian Tribal
Organizations.--
(1) In general.--Section 479B of such Act (42 U.S.C. 679c)
is amended--
(A) in subsection (c)(1)--
(i) in subparagraph (C)(i)--
(I) in subclause (II), by striking
``and'' after the semicolon;
(II) in subclause (III), by
striking the period at the end and
inserting ``; and''; and
(III) by adding at the end the
following:
``(IV) at the option of the tribe,
organization, or consortium, services
and programs specified in section
471(e)(1) to children described in
section 471(e)(2) and their parents or
kin caregivers, in accordance with
section 471(e) and subparagraph (E).'';
and
(ii) by adding at the end the following:
``(E) Prevention services and programs for children
and their parents and kin caregivers.--
``(i) In general.--In the case of a tribe,
organization, or consortium that elects to
provide services and programs specified in
section 471(e)(1) to children described in
section 471(e)(2) and their parents or kin
caregivers under the plan, the Secretary shall
specify the requirements applicable to the
provision of the services and programs. The
requirements shall, to the greatest extent
practicable, be consistent with the
requirements applicable to States under section
471(e) and shall permit the provision of the
services and programs in the form of services
and programs that are adapted to the culture
and context of the tribal communities served.
``(ii) Performance measures.--The Secretary
shall establish specific performance measures
for each tribe, organization, or consortium
that elects to provide services and programs
specified in section 471(e)(1). The performance
measures shall, to the greatest extent
practicable, be consistent with the prevention
services measures required for States under
section 471(e)(6) but shall allow for
consideration of factors unique to the
provision of the services by tribes,
organizations, or consortia.''; and
(B) in subsection (d)(1), by striking ``and (5)''
and inserting ``(5), and (6)(A)''.
(2) Conforming amendment.--The heading for subsection (d)
of section 479B of such Act (42 U.S.C. 679c) is amended by
striking ``for Foster Care Maintenance and Adoption Assistance
Payments''.
SEC. 112. FOSTER CARE MAINTENANCE PAYMENTS FOR CHILDREN WITH PARENTS IN
A LICENSED RESIDENTIAL FAMILY-BASED TREATMENT FACILITY
FOR SUBSTANCE ABUSE.
(a) In General.--Section 472 of the Social Security Act (42 U.S.C.
672) is amended--
(1) in subsection (a)(2)(C), by striking ``or'' and
inserting ``, with a parent residing in a licensed residential
family-based treatment facility, but only to the extent
permitted under subsection (j), or in a''; and
(2) by adding at the end the following:
``(j) Children Placed With a Parent Residing in a Licensed
Residential Family-Based Treatment Facility for Substance Abuse.--
``(1) In general.--Notwithstanding the preceding provisions
of this section, a child who is eligible for foster care
maintenance payments under this section, or who would be
eligible for the payments if the eligibility were determined
without regard to paragraphs (1)(B) and (3) of subsection (a),
shall be eligible for the payments for a period of not more
than 12 months during which the child is placed with a parent
who is in a licensed residential family-based treatment
facility for substance abuse, but only if--
``(A) the recommendation for the placement is
specified in the child's case plan before the
placement;
``(B) the treatment facility provides, as part of
the treatment for substance abuse, parenting skills
training, parent education, and individual and family
counseling; and
``(C) the substance abuse treatment, parenting
skills training, parent education, and individual and
family counseling is provided under an organizational
structure and treatment framework that involves
understanding, recognizing, and responding to the
effects of all types of trauma and in accordance with
recognized principles of a trauma-informed approach and
trauma-specific interventions to address the
consequences of trauma and facilitate healing.
``(2) Application.--With respect to children for whom
foster care maintenance payments are made under paragraph (1),
only the children who satisfy the requirements of paragraphs
(1)(B) and (3) of subsection (a) shall be considered to be
children with respect to whom foster care maintenance payments
are made under this section for purposes of subsection (h) or
section 473(b)(3)(B).''.
(b) Conforming Amendment.--Section 474(a)(1) of such Act (42 U.S.C.
674(a)(1)) is amended by inserting ``subject to section 472(j),''
before ``an amount equal to the Federal'' the first place it appears.
SEC. 113. TITLE IV-E PAYMENTS FOR EVIDENCE-BASED KINSHIP NAVIGATOR
PROGRAMS.
Section 474(a) of the Social Security Act (42 U.S.C. 674(a)), as
amended by section 111(c), is amended--
(1) in paragraph (6), by striking the period at the end and
inserting ``; plus''; and
(2) by adding at the end the following:
``(7) an amount equal to 50 percent of the amounts expended
by the State during the quarter as the Secretary determines are
for kinship navigator programs that meet the requirements
described in section 427(a)(1) and that the Secretary
determines are operated in accordance with promising,
supported, or well-supported practices that meet the applicable
criteria specified for the practices in section 471(e)(4)(C),
without regard to whether the expenditures are incurred on
behalf of children who are, or are potentially, eligible for
foster care maintenance payments under this part.''.
Subtitle B--Enhanced Support Under Title IV-B
SEC. 121. ELIMINATION OF TIME LIMIT FOR FAMILY REUNIFICATION SERVICES
WHILE IN FOSTER CARE AND PERMITTING TIME-LIMITED FAMILY
REUNIFICATION SERVICES WHEN A CHILD RETURNS HOME FROM
FOSTER CARE.
(a) In General.--Section 431(a)(7) of the Social Security Act (42
U.S.C. 629a(a)(7)) is amended--
(1) in the paragraph heading, by striking ``Time-limited
family'' and inserting ``Family''; and
(2) in subparagraph (A)--
(A) by striking ``time-limited family'' and
inserting ``family'';
(B) by inserting ``or a child who has been returned
home'' after ``child care institution''; and
(C) by striking ``, but only during the 15-month
period that begins on the date that the child, pursuant
to section 475(5)(F), is considered to have entered
foster care'' and inserting ``and to ensure the
strength and stability of the reunification. In the
case of a child who has been returned home, the
services and activities shall only be provided during
the 15-month period that begins on the date that the
child returns home''.
(b) Conforming Amendments.--
(1) Section 430 of such Act (42 U.S.C. 629) is amended in
the matter preceding paragraph (1), by striking ``time-
limited''.
(2) Subsections (a)(4), (a)(5)(A), and (b)(1) of section
432 of such Act (42 U.S.C. 629b) are amended by striking
``time-limited'' each place it appears.
SEC. 122. REDUCING BUREAUCRACY AND UNNECESSARY DELAYS WHEN PLACING
CHILDREN IN HOMES ACROSS STATE LINES.
(a) State Plan Requirement.--Section 471(a)(25) of the Social
Security Act (42 U.S.C. 671(a)(25)) is amended--
(1) by striking ``provide'' and insert ``provides''; and
(2) by inserting ``, which, not later than October 1, 2026,
shall include the use of an electronic interstate case-
processing system'' before the first semicolon.
(b) Grants for the Development of an Electronic Interstate Case-
Processing System To Expedite the Interstate Placement of Children in
Foster Care or Guardianship, or for Adoption.--Section 437 of such Act
(42 U.S.C. 629g) is amended by adding at the end the following:
``(g) Grants for the Development of an Electronic Interstate Case-
Processing System To Expedite the Interstate Placement of Children in
Foster Care or Guardianship, or for Adoption.--
``(1) Purpose.--The purpose of this subsection is to
facilitate the development of an electronic interstate case-
processing system for the exchange of data and documents to
expedite the placements of children in foster, guardianship, or
adoptive homes across State lines.
``(2) Application requirements.--A State that desires a
grant under this subsection shall submit to the Secretary an
application containing the following:
``(A) A description of the goals and outcomes to be
achieved during the period for which grant funds are
sought, which goals and outcomes must result in--
``(i) reducing the time it takes for a
child to be provided with a safe and
appropriate permanent living arrangement across
State lines;
``(ii) improving administrative processes
and reducing costs in the foster care system;
and
``(iii) the secure exchange of relevant
case files and other necessary materials in
real time, and timely communications and
placement decisions regarding interstate
placements of children.
``(B) A description of the activities to be funded
in whole or in part with the grant funds, including the
sequencing of the activities.
``(C) A description of the strategies for
integrating programs and services for children who are
placed across State lines.
``(D) Such other information as the Secretary may
require.
``(3) Grant authority.--The Secretary may make a grant to a
State that complies with paragraph (2).
``(4) Use of funds.--A State to which a grant is made under
this subsection shall use the grant to support the State in
connecting with the electronic interstate case-processing
system described in paragraph (1).
``(5) Evaluations.--Not later than 1 year after the final
year in which grants are awarded under this subsection, the
Secretary shall submit to the Congress, and make available to
the general public by posting on a website, a report that
contains the following information:
``(A) How using the electronic interstate case-
processing system developed pursuant to paragraph (4)
has changed the time it takes for children to be placed
across State lines.
``(B) The number of cases subject to the Interstate
Compact on the Placement of Children that were
processed through the electronic interstate case-
processing system, and the number of interstate child
placement cases that were processed outside the
electronic interstate case-processing system, by each
State in each year.
``(C) The progress made by States in implementing
the electronic interstate case-processing system.
``(D) How using the electronic interstate case-
processing system has affected various metrics related
to child safety and well-being, including the time it
takes for children to be placed across State lines.
``(E) How using the electronic interstate case-
processing system has affected administrative costs and
caseworker time spent on placing children across State
lines.
``(6) Data integration.--The Secretary, in consultation
with the Secretariat for the Interstate Compact on the
Placement of Children and the States, shall assess how the
electronic interstate case-processing system developed pursuant
to paragraph (4) could be used to better serve and protect
children that come to the attention of the child welfare
system, by--
``(A) connecting the system with other data systems
(such as systems operated by State law enforcement and
judicial agencies, systems operated by the Federal
Bureau of Investigation for the purposes of the
Innocence Lost National Initiative, and other systems);
``(B) simplifying and improving reporting related
to paragraphs (34) and (35) of section 471(a) regarding
children or youth who have been identified as being a
sex trafficking victim or children missing from foster
care; and
``(C) improving the ability of States to quickly
comply with background check requirements of section
471(a)(20), including checks of child abuse and neglect
registries as required by section 471(a)(20)(B).''.
(c) Reservation of Funds To Improve the Interstate Placement of
Children.--Section 437(b) of such Act (42 U.S.C. 629g(b)) is amended by
adding at the end the following:
``(4) Improving the interstate placement of children.--The
Secretary shall reserve $5,000,000 of the amount made available
for fiscal year 2017 for grants under subsection (g), and the
amount so reserved shall remain available through fiscal year
2021.''.
SEC. 123. ENHANCEMENTS TO GRANTS TO IMPROVE WELL-BEING OF FAMILIES
AFFECTED BY SUBSTANCE ABUSE.
Section 437(f) of the Social Security Act (42 U.S.C. 629g(f)) is
amended--
(1) in the subsection heading, by striking ``Increase the
Well-Being of, and To Improve the Permanency Outcomes for,
Children Affected by'' and inserting ``Implement IV-E
Prevention Services, and Improve the Well-Being of, and Improve
Permanency Outcomes for, Children and Families Affected by
Heroin, Opioids, and Other'';
(2) by striking paragraph (2) and inserting the following:
``(2) Regional partnership defined.--In this subsection,
the term `regional partnership' means a collaborative agreement
(which may be established on an interstate, State, or
intrastate basis) entered into by the following:
``(A) Mandatory partners for all partnership
grants.--
``(i) The State child welfare agency that
is responsible for the administration of the
State plan under this part and part E.
``(ii) The State agency responsible for
administering the substance abuse prevention
and treatment block grant provided under
subpart II of part B of title XIX of the Public
Health Service Act.
``(B) Mandatory partners for partnership grants
proposing to serve children in out-of-home
placements.--If the partnership proposes to serve
children in out-of-home placements, the Juvenile Court
or Administrative Office of the Court that is most
appropriate to oversee the administration of court
programs in the region to address the population of
families who come to the attention of the court due to
child abuse or neglect.
``(C) Optional partners.--At the option of the
partnership, any of the following:
``(i) An Indian tribe or tribal consortium.
``(ii) Nonprofit child welfare service
providers.
``(iii) For-profit child welfare service
providers.
``(iv) Community health service providers,
including substance abuse treatment providers.
``(v) Community mental health providers.
``(vi) Local law enforcement agencies.
``(vii) School personnel.
``(viii) Tribal child welfare agencies (or
a consortia of the agencies).
``(ix) Any other providers, agencies,
personnel, officials, or entities that are
related to the provision of child and family
services under a State plan approved under this
subpart.
``(D) Exception for regional partnerships where the
lead applicant is an indian tribe or tribal
consortia.--If an Indian tribe or tribal consortium
enters into a regional partnership for purposes of this
subsection, the Indian tribe or tribal consortium--
``(i) may (but is not required to) include
the State child welfare agency as a partner in
the collaborative agreement;
``(ii) may not enter into a collaborative
agreement only with tribal child welfare
agencies (or a consortium of the agencies); and
``(iii) if the condition described in
paragraph (2)(B) applies, may include tribal
court organizations in lieu of other judicial
partners.'';
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``2012 through 2016'' and
inserting ``2017 through 2021''; and
(ii) by striking ``$500,000 and not more
than $1,000,000'' and inserting ``$250,000 and
not more than $1,000,000'';
(B) in subparagraph (B)--
(i) in the subparagraph heading, by
inserting ``; planning'' after ``approval'';
(ii) in clause (i), by striking ``clause
(ii)'' and inserting ``clauses (ii) and
(iii)''; and
(iii) by adding at the end the following:
``(iii) Sufficient planning.--A grant
awarded under this subsection shall be
disbursed in two phases: a planning phase (not
to exceed 2 years); and an implementation
phase. The total disbursement to a grantee for
the planning phase may not exceed $250,000, and
may not exceed the total anticipated funding
for the implementation phase.''; and
(C) by adding at the end the following:
``(D) Limitation on payment for a fiscal year.--No
payment shall be made under subparagraph (A) or (C) for
a fiscal year until the Secretary determines that the
eligible partnership has made sufficient progress in
meeting the goals of the grant and that the members of
the eligible partnership are coordinating to a
reasonable degree with the other members of the
eligible partnership.'';
(4) in paragraph (4)--
(A) in subparagraph (B)--
(i) in clause (i), by inserting ``,
parents, and families'' after ``children'';
(ii) in clause (ii), by striking ``safety
and permanence for such children; and'' and
inserting ``safe, permanent caregiving
relationships for the children;'';
(iii) in clause (iii), by striking ``or''
and inserting ``increase reunification rates
for children who have been placed in out of
home care, or decrease''; and
(iv) by redesignating clause (iii) as
clause (v) and inserting after clause (ii) the
following:
``(iii) improve the substance abuse
treatment outcomes for parents including
retention in treatment and successful
completion of treatment;
``(iv) facilitate the implementation,
delivery, and effectiveness of prevention
services and programs under section 471(e);
and'';
(B) in subparagraph (D), by striking ``where
appropriate,''; and
(C) by striking subparagraphs (E) and (F) and
inserting the following:
``(E) A description of a plan for sustaining the
services provided by or activities funded under the
grant after the conclusion of the grant period,
including through the use of prevention services and
programs under section 471(e) and other funds provided
to the State for child welfare and substance abuse
prevention and treatment services.
``(F) Additional information needed by the
Secretary to determine that the proposed activities and
implementation will be consistent with research or
evaluations showing which practices and approaches are
most effective.'';
(5) in paragraph (5)(A), by striking ``abuse treatment''
and inserting ``use disorder treatment including medication
assisted treatment and in-home substance abuse disorder
treatment and recovery'';
(6) in paragraph (7)--
(A) by striking ``and'' at the end of subparagraph
(C); and
(B) by redesignating subparagraph (D) as
subparagraph (E) and inserting after subparagraph (C)
the following:
``(D) demonstrate a track record of successful
collaboration among child welfare, substance abuse
disorder treatment and mental health agencies; and'';
(7) in paragraph (8)--
(A) in subparagraph (A)--
(i) by striking ``establish indicators that
will be'' and inserting ``review indicators
that are''; and
(ii) by striking ``in using funds made
available under such grants to achieve the
purpose of this subsection'' and inserting
``and establish a set of core indicators
related to child safety, parental recovery,
parenting capacity, and family well-being. In
developing the core indicators, to the extent
possible, indicators shall be made consistent
with the outcome measures described in section
471(e)(6)''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by
inserting ``base the performance measures on
lessons learned from prior rounds of regional
partnership grants under this subsection, and''
before ``consult''; and
(ii) by striking clauses (iii) and (iv) and
inserting the following:
``(iii) Other stakeholders or
constituencies as determined by the
Secretary.'';
(8) in paragraph (9)(A), by striking clause (i) and
inserting the following:
``(i) Semiannual reports.--Not later than
September 30 of each fiscal year in which a
recipient of a grant under this subsection is
paid funds under the grant, and every 6 months
thereafter, the grant recipient shall submit to
the Secretary a report on the services provided
and activities carried out during the reporting
period, progress made in achieving the goals of
the program, the number of children, adults,
and families receiving services, and such
additional information as the Secretary
determines is necessary. The report due not
later than September 30 of the last such fiscal
year shall include, at a minimum, data on each
of the performance indicators included in the
evaluation of the regional partnership.''; and
(9) in paragraph (10), by striking ``2012 through 2016''
and inserting ``2017 through 2021''.
Subtitle C--Miscellaneous
SEC. 131. REVIEWING AND IMPROVING LICENSING STANDARDS FOR PLACEMENT IN
A RELATIVE FOSTER FAMILY HOME.
(a) Identification of Reputable Model Licensing Standards.--Not
later than October 1, 2017, the Secretary of Health and Human Services
shall identify reputable model licensing standards with respect to the
licensing of foster family homes (as defined in section 472(c)(1) of
the Social Security Act).
(b) State Plan Requirement.--Section 471(a) of the Social Security
Act (42 U.S.C. 671(a)) is amended--
(1) in paragraph (34)(B), by striking ``and'' after the
semicolon;
(2) in paragraph (35)(B), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(36) provides that, not later than April 1, 2018, the
State shall submit to the Secretary information addressing--
``(A) whether the State licensing standards are in
accord with model standards identified by the
Secretary, and if not, the reason for the specific
deviation and a description as to why having a standard
that is reasonably in accord with the corresponding
national model standards is not appropriate for the
State;
``(B) whether the State has elected to waive
standards established in 471(a)(10)(A) for relative
foster family homes (pursuant to waiver authority
provided by 471(a)(10)(D)), a description of which
standards the State most commonly waives, and if the
State has not elected to waive the standards, the
reason for not waiving these standards;
``(C) if the State has elected to waive standards
specified in subparagraph (B), how caseworkers are
trained to use the waiver authority and whether the
State has developed a process or provided tools to
assist caseworkers in waiving nonsafety standards per
the authority provided in 471(a)(10)(D) to quickly
place children with relatives; and
``(D) a description of the steps the State is
taking to improve caseworker training or the process,
if any; and''.
SEC. 132. DEVELOPMENT OF A STATEWIDE PLAN TO PREVENT CHILD ABUSE AND
NEGLECT FATALITIES.
Section 422(b)(19) of the Social Security Act (42 U.S.C.
622(b)(19)) is amended to read as follows:
``(19) document steps taken to track and prevent child
maltreatment deaths by including--
``(A) a description of the steps the State is
taking to compile complete and accurate information on
the deaths required by Federal law to be reported by
the State agency referred to in paragraph (1),
including gathering relevant information on the deaths
from the relevant organizations in the State including
entities such as State vital statistics department,
child death review teams, law enforcement agencies,
offices of medical examiners or coroners; and
``(B) a description of the steps the state is
taking to develop and implement of a comprehensive,
statewide plan to prevent the fatalities that involves
and engages relevant public and private agency
partners, including those in public health, law
enforcement, and the courts.''.
SEC. 133. MODERNIZING THE TITLE AND PURPOSE OF TITLE IV-E.
(a) Part Heading.--The heading for part E of title IV of the Social
Security Act (42 U.S.C. 670 et seq.) is amended to read as follows:
``PART E--FEDERAL PAYMENTS FOR FOSTER CARE, PREVENTION, AND
PERMANENCY''.
(b) Purpose.--The first sentence of section 470 of such Act (42
U.S.C. 670) is amended--
(1) by striking ``1995) and'' and inserting ``1995),'';
(2) by inserting ``kinship guardianship assistance, and
prevention services or programs specified in section
471(e)(1),'' after ``needs,''; and
(3) by striking ``(commencing with the fiscal year which
begins October 1, 1980)''.
SEC. 134. EFFECTIVE DATES.
(a) Effective Dates.--
(1) In general.--Except as provided in paragraph (2),
subject to subsection (b), the amendments made by this title
shall take effect on October 1, 2016.
(2) Exceptions.--The amendments made by sections 131 and
133 shall take effect on the date of enactment of this Act.
(b) Transition Rule.--
(1) In general.--In the case of a State plan under part B
or E of title IV of the Social Security Act which the Secretary
of Health and Human Services determines requires State
legislation (other than legislation appropriating funds) in
order for the plan to meet the additional requirements imposed
by the amendments made by this title, the State plan shall not
be regarded as failing to comply with the requirements of such
part solely on the basis of the failure of the plan to meet
such 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
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 the session shall be deemed to be a separate
regular session of the State legislature.
(2) Application to programs operated by indian tribal
organizations.--In the case of an Indian tribe, tribal
organization, or tribal consortium which the Secretary of
Health and Human Services determines requires time to take
action necessary to comply with the additional requirements
imposed by the amendments made by this title (whether the
tribe, organization, or tribal consortium has a plan under
section 479B of the Social Security Act or a cooperative
agreement or contract entered into with a State), the Secretary
shall provide the tribe, organization, or tribal consortium
with such additional time as the Secretary determines is
necessary for the tribe, organization, or tribal consortium to
take the action to comply with the additional requirements
before being regarded as failing to comply with the
requirements.
TITLE II--ENSURING THE NECESSITY OF A PLACEMENT THAT IS NOT IN A FOSTER
FAMILY HOME
SEC. 201. LIMITATION ON FEDERAL FINANCIAL PARTICIPATION FOR PLACEMENTS
THAT ARE NOT IN FOSTER FAMILY HOMES.
(a) Limitation on Federal Financial Participation.--
(1) In general.--Section 472 of the Social Security Act (42
U.S.C. 672), as amended by section 112, is amended--
(A) in subsection (a)(2)(C), by inserting ``, but
only to the extent permitted under subsection (k)''
after ``institution''; and
(B) by adding at the end the following:
``(k) Limitation on Federal Financial Participation.--
``(1) In general.--Beginning with the third week for which
foster care maintenance payments are made under this section on
behalf of a child placed in a child-care institution, no
Federal payment shall be made to the State under section
474(a)(1) for amounts expended for foster care maintenance
payments on behalf of the child unless--
``(A) the child is placed in a child-care
institution that is a setting specified in paragraph
(2) (or is placed in a licensed residential family-
based treatment facility consistent with subsection
(j)); and
``(B) in the case of a child placed in a qualified
residential treatment program (as defined in paragraph
(4)), the requirements specified in paragraph (3) and
section 475A(c) are met.
``(2) Specified settings for placement.--The settings for
placement specified in this paragraph are the following:
``(A) A qualified residential treatment program (as
defined in paragraph (4)).
``(B) A setting specializing in providing prenatal,
post-partum, or parenting supports for youth.
``(C) In the case of a child who has attained 18
years of age, a supervised setting in which the child
is living independently.
``(3) Assessment to determine appropriateness of placement
in a qualified residential treatment program.--
``(A) Deadline for assessment.--In the case of a
child who is placed in a qualified residential
treatment program, if the assessment required under
section 475A(c)(1) is not completed within 30 days
after the placement is made, no Federal payment shall
be made to the State under section 474(a)(1) for any
amounts expended for foster care maintenance payments
on behalf of the child during the placement.
``(B) Deadline for transition out of placement.--If
the assessment required under section 475A(c)(1)
determines that the placement of a child in a qualified
residential treatment program is not appropriate, a
court disapproves such a placement under section
475A(c)(2), or a child who has been in an approved
placement in a qualified residential treatment program
is going to return home or be placed with a fit and
willing relative, a legal guardian, or an adoptive
parent, or in a foster family home, Federal payments
shall be made to the State under section 474(a)(1) for
amounts expended for foster care maintenance payments
on behalf of the child while the child remains in the
qualified residential treatment program only during the
period necessary for the child to transition home or to
such a placement. In no event shall a State receive
Federal payments under section 474(a)(1) for amounts
expended for foster care maintenance payments on behalf
of a child who remains placed in a qualified
residential treatment program after the end of the 30-
day period that begins on the date a determination is
made that the placement is no longer the recommended or
approved placement for the child.
``(4) Qualified residential treatment program.--For
purposes of this part, the term `qualified residential
treatment program' means a program that--
``(A) has a trauma-informed treatment model that is
designed to address the needs, including clinical needs
as appropriate, of children with serious emotional or
behavioral disorders or disturbances and, with respect
to a child, is able to implement the treatment
identified for the child by the assessment of the child
required under section 475A(c);
``(B) has registered or licensed nursing staff and
other licensed clinical staff who--
``(i) provide care within the scope of
their practice as defined by State law;
``(ii) are on-site during business hours;
and
``(iii) are available 24 hours a day and 7
days a week;
``(C) to extent appropriate, and in accordance with
the child's best interests, facilitates participation
of family members in the child's treatment program;
``(D) facilitates outreach to the family members of
the child, including siblings, documents how the
outreach is made (including contact information), and
maintains contact information for any known biological
family and fictive kin of the child;
``(E) documents how family members are integrated
into the treatment process for the child, including
post-discharge, and how sibling connections are
maintained;
``(F) provides discharge planning and family-based
aftercare support for at least 6 months post-discharge;
and
``(G) is licensed in accordance with section
471(a)(10) and is accredited by any of the following
independent, not-for-profit organizations:
``(i) The Commission on Accreditation of
Rehabilitation Facilities (CARF).
``(ii) The Joint Commission on
Accreditation of Healthcare Organizations
(JCAHO).
``(iii) The Council on Accreditation (COA).
``(iv) Any other independent, not-for-
profit accrediting organization approved by the
Secretary.''.
(2) Conforming amendment.--Section 474(a)(1) of the Social
Security Act (42 U.S.C. 674(a)(1)), as amended by section
112(b), is amended by striking ``section 472(j)'' and inserting
``subsections (j) and (k) of section 472''.
(b) Definition of Foster Family Home, Child-Care Institution.--
Section 472(c) of such Act (42 U.S.C. 672(c)(1)) is amended to read as
follows:
``(c) Definitions.--For purposes of this part:
``(1) Foster family home.--
``(A) In general.--The term `foster family home'
means the home of an individual or family--
``(i) that is licensed or approved by the
State in which it is situated as a foster
family home that meets the standards
established for the licensing or approval; and
``(ii) in which a child in foster care has
been placed in the care of an individual, who
resides with the child and who has been
licensed or approved by the State to be a
foster parent--
``(I) that the State deems capable
of adhering to the reasonable and
prudent parent standard;
``(II) that provides 24-hour
substitute care for children placed
away from their parents or other
caretakers; and
``(III) that provides the care for
not more than six children in foster
care.
``(B) State flexibility.--The number of foster
children that may be cared for in a home under
subparagraph (A) may exceed the numerical limitation in
subparagraph (A)(ii)(III), at the option of the State,
for any of the following reasons:
``(i) To allow a parenting youth in foster
care to remain with the child of the parenting
youth.
``(ii) To allow siblings to remain
together.
``(iii) To allow a child with an
established meaningful relationship with the
family to remain with the family.
``(iv) To allow a family with special
training or skills to provide care to a child
who has a severe disability.
``(C) Rule of construction.--Subparagraph (A) shall
not be construed as prohibiting a foster parent from
renting the home in which the parent cares for a foster
child placed in the parent's care.
``(2) Child-care institution.--
``(A) In general.--The term `child-care
institution' means a private child-care institution, or
a public child-care institution which accommodates no
more than 25 children, which is licensed by the State
in which it is situated or has been approved by the
agency of the State responsible for licensing or
approval of institutions of this type as meeting the
standards established for the licensing.
``(B) Supervised settings.--In the case of a child
who has attained 18 years of age, the term shall
include a supervised setting in which the individual is
living independently, in accordance with such
conditions as the Secretary shall establish in
regulations.
``(C) Exclusions.--The term shall not include
detention facilities, forestry camps, training schools,
or any other facility operated primarily for the
detention of children who are determined to be
delinquent.''.
(c) Training for State Judges, Attorneys, and Other Legal Personnel
in Child Welfare Cases.--Section 438(b)(1) of such Act (42 U.S.C.
629h(b)(1)) is amended in the matter preceding subparagraph (A) by
inserting ``shall provide for the training of judges, attorneys, and
other legal personnel in child welfare cases on Federal child welfare
policies and payment limitations with respect to children in foster
care who are placed in settings that are not a foster family home,''
after ``with respect to the child,''.
(d) Assurance of Nonimpact on Juvenile Justice System.--
(1) State plan requirement.--Section 471(a) of such Act (42
U.S.C. 671(a)), as amended by section 131, is further amended
by adding at the end the following:
``(37) includes a certification that, in response to the
limitation imposed under section 472(k) with respect to foster
care maintenance payments made on behalf of any child who is
placed in a setting that is not a foster family home, the State
will not enact or advance policies or practices that would
result in a significant increase in the population of youth in
the State's juvenile justice system.''.
(2) GAO study and report.--The Comptroller General of the
United States shall evaluate the impact, if any, on State
juvenile justice systems of the limitation imposed under
section 472(k) of the Social Security Act (as added by section
201(a)(1)) on foster care maintenance payments made on behalf
of any child who is placed in a setting that is not a foster
family home, in accordance with the amendments made by
subsections (a) and (b) of this section. In particular, the
Comptroller General shall evaluate the extent to which children
in foster care who also are subject to the juvenile justice
system of the State are placed in a facility under the
jurisdiction of the juvenile justice system and whether the
lack of available congregate care placements under the
jurisdiction of the child welfare systems is a contributing
factor to that result. Not later than December 31, 2023, the
Comptroller General shall submit to Congress a report on the
results of the evaluation.
SEC. 202. ASSESSMENT AND DOCUMENTATION OF THE NEED FOR PLACEMENT IN A
QUALIFIED RESIDENTIAL TREATMENT PROGRAM.
Section 475A of the Social Security Act (42 U.S.C. 675a) is amended
by adding at the end the following:
``(c) Assessment, Documentation, and Judicial Determination
Requirements for Placement in a Qualified Residential Treatment
Program.--In the case of any child who is placed in a qualified
residential treatment program (as defined in section 472(k)(4)), the
following requirements shall apply for purposes of approving the case
plan for the child and the case system review procedure for the child:
``(1)(A) Within 30 days of the start of each placement in
such a setting, a qualified individual (as defined in
subparagraph (D)) shall--
``(i) assess the strengths and needs of the child
using an age-appropriate, evidence-based, validated,
functional assessment tool approved by the Secretary;
``(ii) determine whether the needs of the child can
be met with family members or through placement in a
foster family home or, if not, which setting from among
the settings specified in section 472(k)(2) would
provide the most effective and appropriate level of
care for the child in the least restrictive environment
and be consistent with the short- and long-term goals
for the child, as specified in the permanency plan for
the child; and
``(iii) develop a list of child-specific short- and
long-term mental and behavioral health goals.
``(B)(i) The State shall assemble a family and permanency
team for the child in accordance with the requirements of
clauses (ii) and (iii). The qualified individual conducting the
assessment required under subparagraph (A) shall work in
conjunction with the family of, and permanency team for, the
child while conducting and making the assessment.
``(ii) The family and permanency team shall consist of all
appropriate biological family members, relative, and fictive
kin of the child, as well as, as appropriate, professionals who
are a resource to the family of the child, such as teachers,
medical or mental health providers who have treated the child,
or clergy. In the case of a child who has attained age 14, the
family and permanency team shall include the members of the
permanency planning team for the child that are selected by the
child in accordance with section 475(5)(C)(iv).
``(iii) The State shall document in the child's case plan--
``(I) the reasonable and good faith effort of the
State to identify and include all such individuals on
the family of, and permanency team for, the child;
``(II) all contact information for members of the
family and permanency team, as well as contact
information for other family members and fictive kin
who are not part of the family and permanency team;
``(III) evidence that meetings of the family and
permanency team, including meetings relating to the
assessment required under subparagraph (A), are held at
a time and place convenient for family;
``(IV) if reunification is the goal, evidence
demonstrating that the parent from whom the child was
removed provided input on the members of the family and
permanency team;
``(V) evidence that the assessment required under
subparagraph (A) is determined in conjunction with the
family and permanency team; and
``(VI) the placement preferences of the family and
permanency team relative to the assessment and, if the
placement preferences of the family and permanency team
and child are not the placement setting recommended by
the qualified individual conducting the assessment
under subparagraph (A), the reasons why the preferences
of the team and of the child were not recommended.
``(C) In the case of a child who the qualified individual
conducting the assessment under subparagraph (A) determines
should not be placed in a foster family home, the qualified
individual shall specify in writing the reasons why the needs
of the child cannot be met by the family of the child or in a
foster family home. A shortage or lack of foster family homes
shall not be an acceptable reason for determining that a needs
of the child cannot be met in a foster family home. The
qualified individual also shall specify in writing why the
recommended placement in a qualified residential treatment
program is the setting that will provide the child with the
most effective and appropriate level of care in the least
restrictive environment and how that placement is consistent
with the short- and long-term goals for the child, as specified
in the permanency plan for the child.
``(D)(i) Subject to clause (ii), in this subsection, the
term `qualified individual' means a trained professional or
licensed clinician who is not an employee of the State agency
and who is not connected to, or affiliated with, any placement
setting in which children are placed by the State.
``(ii) The Secretary may approve a request of a State to
waive any requirement in clause (i) upon a submission by the
State, in accordance with criteria established by the
Secretary, that certifies that the trained professionals or
licensed clinicians with responsibility for performing the
assessments described in subparagraph (A) shall maintain
objectivity with respect to determining the most effective and
appropriate placement for a child.
``(2) Within 60 days of the start of each placement in a
qualified residential treatment program, a family or juvenile
court or another court (including a tribal court) of competent
jurisdiction, or an administrative body appointed or approved
by the court, independently, shall--
``(A) consider the assessment, determination, and
documentation made by the qualified individual
conducting the assessment under paragraph (1);
``(B) determine whether the needs of the child can
be met through placement in a foster family home or, if
not, whether placement of the child in a qualified
residential treatment program provides the most
effective and appropriate level of care for the child
in the least restrictive environment and whether that
placement is consistent with the short- and long-term
goals for the child, as specified in the permanency
plan for the child; and
``(C) approve or disapprove the placement.
``(3) The written documentation made under paragraph (1)(C)
and documentation of the determination and approval or
disapproval of the placement in a qualified residential
treatment program by a court or administrative body under
paragraph (2) shall be included in and made part of the case
plan for the child.
``(4) As long as a child remains placed in a qualified
residential treatment program, the State agency shall submit
evidence at each status review and each permanency hearing held
with respect to the child--
``(A) demonstrating that ongoing assessment of the
strengths and needs of the child continues to support
the determination that the needs of the child cannot be
met through placement in a foster family home, that the
placement in a qualified residential treatment program
provides the most effective and appropriate level of
care for the child in the least restrictive
environment, and that the placement is consistent with
the short- and long-term goals for the child, as
specified in the permanency plan for the child;
``(B) documenting the specific treatment or service
needs that will be met for the child in the placement
and the length of time the child is expected to need
the treatment or services; and
``(C) documenting the efforts made by the State
agency to prepare the child to return home or to be
placed with a fit and willing relative, a legal
guardian, or an adoptive parent, or in a foster family
home.
``(5) In the case of any child who is placed in a qualified
residential treatment program for more than 12 consecutive
months or 18 nonconsecutive months (or, in the case of a child
who has not attained age 13, for more than 6 consecutive or
nonconsecutive months), the State agency shall submit to the
Secretary--
``(A) the most recent versions of the evidence and
documentation specified in paragraph (4); and
``(B) the signed approval of the head of the State
agency for the continued placement of the child in that
setting.''.
SEC. 203. PROTOCOLS TO PREVENT INAPPROPRIATE DIAGNOSES.
(a) State Plan Requirement.--Section 422(b)(15)(A) of the Social
Security Act (42 U.S.C. 622(b)(15)(A)) is amended--
(1) in clause (vi), by striking ``and'' after the
semicolon;
(2) by redesignating clause (vii) as clause (viii); and
(3) by inserting after clause (vi) the following:
``(vii) the procedures and protocols the
State has established to ensure that children
in foster care placements are not
inappropriately diagnosed with mental illness,
other emotional or behavioral disorders,
medically fragile conditions, or developmental
disabilities, and placed in settings that are
not foster family homes as a result of the
inappropriate diagnoses; and''.
(b) Evaluation.--Section 476 of such Act (42 U.S.C. 676), as
amended by section 111(d), is further amended by adding at the end the
following:
``(e) Evaluation of State Procedures and Protocols To Prevent
Inappropriate Diagnoses of Mental Illness or Other Conditions.--The
Secretary shall conduct an evaluation of the procedures and protocols
established by States in accordance with the requirements of section
422(b)(15)(A)(vii). The evaluation shall analyze the extent to which
States comply with and enforce the procedures and protocols and the
effectiveness of various State procedures and protocols and shall
identify best practices. Not later than January 1, 2019, the Secretary
shall submit a report on the results of the evaluation to Congress.''.
SEC. 204. ADDITIONAL DATA AND REPORTS REGARDING CHILDREN PLACED IN A
SETTING THAT IS NOT A FOSTER FAMILY HOME.
Section 479A(a)(7)(A) of the Social Security Act (42 U.S.C.
679b(a)(7)(A)) is amended by striking clauses (i) through (vi) and
inserting the following:
``(i) with respect to each such placement--
``(I) the type of the placement
setting, including whether the
placement is shelter care, a group home
and if so, the range of the child
population in the home, a residential
treatment facility, a hospital or
institution providing medical,
rehabilitative, or psychiatric care, a
setting specializing in providing
prenatal, post-partum or parenting
supports, or some other kind of child-
care institution and if so, what kind;
``(II) the number of children in
the placement setting and the age,
race, ethnicity, and gender of each of
the children;
``(III) for each child in the
placement setting, the length of the
placement of the child in the setting,
whether the placement of the child in
the setting is the first placement of
the child and if not, the number and
type of previous placements of the
child, and whether the child has
special needs or another diagnosed
mental or physical illness or
condition; and
``(IV) the extent of any
specialized education, treatment,
counseling, or other services provided
in the setting; and
``(ii) separately, the number and ages of
children in the placements who have a
permanency plan of another planned permanent
living arrangement; and''.
SEC. 205. EFFECTIVE DATES; APPLICATION TO WAIVERS.
(a) Effective Dates.--
(1) In general.--Subject to paragraph (2) and subsections
(b) and (c), the amendments made by this title shall take
effect on October 1, 2016.
(2) Transition rule.--In the case of a State plan under
part B or E of title IV of the Social Security Act which the
Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating funds)
in order for the plan to meet the additional requirements
imposed by the amendments made by this title, the State plan
shall not be regarded as failing to comply with the
requirements of such part 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 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 the session shall be deemed
to be a separate regular session of the State legislature.
(b) Limitation on Federal Financial Participation for Placements
That Are Not in Foster Family Homes and Related Provisions.--The
amendments made by sections 201(a), 201(b), 201(d), and 202 shall take
effect on October 1, 2019.
(c) Application to States With Waivers.--In the case of a State
that, on the date of enactment of this Act, has in effect a waiver
approved under section 1130 of the Social Security Act (42 U.S.C.
1320a-9), the amendments made by this title shall not apply with
respect to the State before the expiration (determined without regard
to any extensions) of the waiver to the extent the amendments are
inconsistent with the terms of the waiver.
TITLE III--CONTINUING SUPPORT FOR CHILD AND FAMILY SERVICES
SEC. 301. SUPPORTING AND RETAINING FOSTER FAMILIES FOR CHILDREN.
(a) Supporting and Retaining Foster Parents as a Family Support
Service.--Section 431(a)(2)(B) of the Social Security Act (42 U.S.C.
631(a)(2)(B)) is amended by redesignating clauses (iii) through (vi) as
clauses (iv) through (vii), respectively, and inserting after clause
(ii) the following:
``(iii) To support and retain foster
families so they can provide quality family-
based settings for children in foster care.''.
(b) Support for Foster Family Homes.--Section 436 of such Act (42
U.S.C. 629f) is amended by adding at the end the following:
``(c) Support for Foster Family Homes.--Out of any money in the
Treasury of the United States not otherwise appropriated, there are
appropriated to the Secretary for fiscal year 2018, $8,000,000 for the
Secretary to make competitive grants to States, Indian tribes, or
tribal consortia to support the recruitment and retention of high-
quality foster families to increase their capacity to place more
children in family settings, focused on States, Indian tribes, or
tribal consortia with the highest percentage of children in non-family
settings. The amount appropriated under this subparagraph shall remain
available through fiscal year 2022.''.
SEC. 302. EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS.
(a) Extension of Stephanie Tubbs Jones Child Welfare Services
Program.--Section 425 of the Social Security Act (42 U.S.C. 625) is
amended by striking ``2012 through 2016'' and inserting ``2017 through
2021''.
(b) Extension of Promoting Safe and Stable Families Program
Authorizations.--
(1) In general.--Section 436(a) of such Act (42 U.S.C.
629f(a)) is amended by striking all that follows
``$345,000,000'' and inserting ``for each of fiscal years 2017
through 2021.''.
(2) Discretionary grants.--Section 437(a) of such Act (42
U.S.C. 629g(a)) is amended by striking ``2012 through 2016''
and inserting ``2017 through 2021''.
(c) Extension of Funding Reservations for Monthly Caseworker Visits
and Regional Partnership Grants.--Section 436(b) of such Act (42 U.S.C.
629f(b)) is amended--
(1) in paragraph (4)(A), by striking ``2012 through 2016''
and inserting ``2017 through 2021''; and
(2) in paragraph (5), by striking ``2012 through 2016'' and
inserting ``2017 through 2021''.
(d) Reauthorization of Funding for State Courts.--
(1) Extension of program.--Section 438(c)(1) of such Act
(42 U.S.C. 629h(c)(1)) is amended by striking ``2012 through
2016'' and inserting ``2017 through 2021''.
(2) Extension of federal share.--Section 438(d) of such Act
(42 U.S.C. 629h(d)) is amended by striking ``2012 through
2016'' and inserting ``2017 through 2021''.
(e) Repeal of Expired Provisions.--Section 438(e) of such Act (42
U.S.C. 629h(e)) is repealed.
SEC. 303. IMPROVEMENTS TO THE JOHN H. CHAFEE FOSTER CARE INDEPENDENCE
PROGRAM AND RELATED PROVISIONS.
(a) Authority To Serve Former Foster Youth Up To Age 23.--Section
477 of the Social Security Act (42 U.S.C. 677) is amended--
(1) in subsection (a)(5), by inserting ``(or 23 years of
age, in the case of a State with a certification under
subsection (b)(3)(A)(ii) to provide assistance and services to
youths who have aged out of foster care and have not attained
such age, in accordance with such subsection)'' after ``21
years of age'';
(2) in subsection (b)(3)(A)--
(A) by inserting ``(i)'' before ``A
certification'';
(B) by striking ``children who have left foster
care'' and all that follows through the period and
inserting ``youths who have aged out of foster care and
have not attained 21 years of age.''; and
(C) by adding at the end the following:
``(ii) If the State has elected under section
475(8)(B) to extend eligibility for foster care to all
children who have not attained 21 years of age, or if
the Secretary determines that the State agency
responsible for administering the State plans under
this part and part B uses State funds or any other
funds not provided under this part to provide services
and assistance for youths who have aged out of foster
care that are comparable to the services and assistance
the youths would receive if the State had made such an
election, the certification required under clause (i)
may provide that the State will provide assistance and
services to youths who have aged out of foster care and
have not attained 23 years of age.''; and
(3) in subsection (b)(3)(B), by striking ``children who
have left foster care'' and all that follows through the period
and inserting ``youths who have aged out of foster care and
have not attained 21 years of age (or 23 years of age, in the
case of a State with a certification under subparagraph (A)(i)
to provide assistance and services to youths who have aged out
of foster care and have not attained such age, in accordance
with subparagraph (A)(ii)).''.
(b) Authority to Redistribute Unspent Funds.--Section 477(d) of
such Act (42 U.S.C. 677(d)) is amended--
(1) in paragraph (4), by inserting ``or does not expend
allocated funds within the time period specified under section
477(d)(3)'' after ``provided by the Secretary''; and
(2) by adding at the end the following:
``(5) Redistribution of unexpended amounts.--
``(A) Availability of amounts.--To the extent that
amounts paid to States under this section in a fiscal
year remain unexpended by the States at the end of the
succeeding fiscal year, the Secretary may make the
amounts available for redistribution in the second
succeeding fiscal year among the States that apply for
additional funds under this section for that second
succeeding fiscal year.
``(B) Redistribution.--
``(i) In general.--The Secretary shall
redistribute the amounts made available under
subparagraph (A) for a fiscal year among
eligible applicant States. In this
subparagraph, the term `eligible applicant
State' means a State that has applied for
additional funds for the fiscal year under
subparagraph (A) if the Secretary determines
that the State will use the funds for the
purpose for which originally allotted under
this section.
``(ii) Amount to be redistributed.--The
amount to be redistributed to each eligible
applicant State shall be the amount so made
available multiplied by the State foster care
ratio, (as defined in subsection (c)(4), except
that, in such subsection, `all eligible
applicant States (as defined in subsection
(d)(5)(B)(i))' shall be substituted for `all
States').
``(iii) Treatment of redistributed
amount.--Any amount made available to a State
under this paragraph shall be regarded as part
of the allotment of the State under this
section for the fiscal year in which the
redistribution is made.
``(C) Tribes.--For purposes of this paragraph, the
term `State' includes an Indian tribe, tribal
organization, or tribal consortium that receives an
allotment under this section.''.
(c) Expanding and Clarifying the Use of Education and Training
Vouchers.--
(1) In general.--Section 477(i)(3) of such Act (42 U.S.C.
677(i)(3)) is amended--
(A) by striking ``on the date'' and all that
follows through ``23'' and inserting ``to remain
eligible until they attain 26''; and
(B) by inserting ``, but in no event may a youth
participate in the program for more than 5 years
(whether or not consecutive)'' before the period.
(2) Conforming amendment.--Section 477(i)(1) of such Act
(42 U.S.C. 677(i)(1)) is amended by inserting ``who have
attained 14 years of age'' before the period.
(d) Other Improvements.--Section 477 of such Act (42 U.S.C. 677),
as amended by subsections (a), (b), and (c), is amended--
(1) in the section heading, by striking ``independence
program'' and inserting ``program for successful transition to
adulthood'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``identify children who are
likely to remain in foster care until 18 years
of age and to help these children make the
transition to self-sufficiency by providing
services'' and inserting ``support all youth
who have experienced foster care at age 14 or
older in their transition to adulthood through
transitional services'';
(ii) by inserting ``and post-secondary
education'' after ``high school diploma''; and
(iii) by striking ``training in daily
living skills, training in budgeting and
financial management skills'' and inserting
``training and opportunities to practice daily
living skills (such as financial literacy
training and driving instruction)'';
(B) in paragraph (2), by striking ``who are likely
to remain in foster care until 18 years of age receive
the education, training, and services necessary to
obtain employment'' and inserting ``who have
experienced foster care at age 14 or older achieve
meaningful, permanent connections with a caring
adult'';
(C) in paragraph (3), by striking ``who are likely
to remain in foster care until 18 years of age prepare
for and enter postsecondary training and education
institutions'' and inserting ``who have experienced
foster care at age 14 or older engage in age or
developmentally appropriate activities, positive youth
development, and experiential learning that reflects
what their peers in intact families experience''; and
(D) by striking paragraph (4) and redesignating
paragraphs (5) through (8) as paragraphs (4) through
(7);
(3) in subsection (b)--
(A) in paragraph (2)(D), by striking
``adolescents'' and inserting ``youth''; and
(B) in paragraph (3)--
(i) in subparagraph (D)--
(I) by inserting ``including
training on youth development'' after
``to provide training''; and
(II) by striking ``adolescents
preparing for independent living'' and
all that follows through the period and
inserting ``youth preparing for a
successful transition to adulthood and
making a permanent connection with a
caring adult.'';
(ii) in subparagraph (H), by striking
``adolescents'' each place it appears and
inserting ``youth''; and
(iii) in subparagraph (K)--
(I) by striking ``an adolescent''
and inserting ``a youth''; and
(II) by striking ``the adolescent''
each place it appears and inserting
``the youth''; and
(4) in subsection (f), by striking paragraph (2) and
inserting the following:
``(2) Report to congress.--Not later than October 1, 2017,
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 report on the National Youth in Transition
Database and any other databases in which States report outcome
measures relating to children in foster care and children who
have aged out of foster care or left foster care for kinship
guardianship or adoption. The report shall include the
following:
``(A) A description of the reasons for entry into
foster care and of the foster care experiences, such as
length of stay, number of placement settings, case
goal, and discharge reason of 17-year-olds who are
surveyed by the National Youth in Transition Database
and an analysis of the comparison of that description
with the reasons for entry and foster care experiences
of children of other ages who exit from foster care
before attaining age 17.
``(B) A description of the characteristics of the
individuals who report poor outcomes at ages 19 and 21
to the National Youth in Transition Database.
``(C) Benchmarks for determining what constitutes a
poor outcome for youth who remain in or have exited
from foster care and plans the Executive branch will
take to incorporate these benchmarks in efforts to
evaluate child welfare agency performance in providing
services to children transitioning from foster care.
``(D) An analysis of the association between types
of placement, number of overall placements, time spent
in foster care, and other factors, and outcomes at ages
19 and 21.
``(E) An analysis of the differences in outcomes
for children in and formerly in foster care at age 19
and 21 among States.''.
(e) Clarifying Documentation Provided to Foster Youth Leaving
Foster Care.--Section 475(5)(I) of such Act (42 U.S.C. 675(5)(I)) is
amended by inserting after ``REAL ID Act of 2005'' the following: ``,
and any official documentation necessary to prove that the child was
previously in foster care''.
TITLE IV--CONTINUING INCENTIVES TO STATES TO PROMOTE ADOPTION AND LEGAL
GUARDIANSHIP
SEC. 401. REAUTHORIZING ADOPTION AND LEGAL GUARDIANSHIP INCENTIVE
PROGRAMS.
Section 473A of the Social Security Act (42 U.S.C. 673b) is
amended--
(1) in subsection (b)(4), by striking ``2013 through 2015''
and inserting ``2016 through 2020'';
(2) in subsection (h)(1)(D), by striking ``2016'' and
inserting ``2021''; and
(3) in subsection (h)(2), by striking ``2016'' and
inserting ``2021''.
TITLE V--TECHNICAL CORRECTIONS
SEC. 501. TECHNICAL CORRECTIONS TO DATA EXCHANGE STANDARDS TO IMPROVE
PROGRAM COORDINATION.
(a) In General.--Section 440 of the Social Security Act (42 U.S.C.
629m) is amended to read as follows:
``SEC. 440. DATA EXCHANGE STANDARDS FOR IMPROVED INTEROPERABILITY.
``(a) Designation.--The Secretary shall, in consultation with an
interagency work group established by the Office of Management and
Budget and considering State government perspectives, by rule,
designate data exchange standards to govern, under this part--
``(1) necessary categories of information that State
agencies operating programs under State plans approved under
this part are required under applicable Federal law to
electronically exchange with another State agency; and
``(2) Federal reporting and data exchange required under
applicable Federal law.
``(b) Requirements.--The data exchange standards required by
paragraph (1) shall, to the extent practicable--
``(1) incorporate a widely accepted, non-proprietary,
searchable, computer-readable format, such as the eXtensible
Markup Language;
``(2) contain interoperable standards developed and
maintained by intergovernmental partnerships, such as the
National Information Exchange Model;
``(3) incorporate interoperable standards developed and
maintained by Federal entities with authority over contracting
and financial assistance;
``(4) be consistent with and implement applicable
accounting principles;
``(5) be implemented in a manner that is cost-effective and
improves program efficiency and effectiveness; and
``(6) be capable of being continually upgraded as
necessary.
``(c) Rule of Construction.--Nothing in this subsection shall be
construed to require a change to existing data exchange standards found
to be effective and efficient.''.
(b) Effective Date.--Not later than the date that is 24 months
after the date of the enactment of this section, the Secretary of
Health and Human Services shall issue a proposed rule that--
(1) identifies federally required data exchanges, include
specification and timing of exchanges to be standardized, and
address the factors used in determining whether and when to
standardize data exchanges; and
(2) specifies State implementation options and describes
future milestones.
SEC. 502. TECHNICAL CORRECTIONS TO STATE REQUIREMENT TO ADDRESS THE
DEVELOPMENTAL NEEDS OF YOUNG CHILDREN.
Section 422(b)(18) of the Social Security Act (42 U.S.C.
622(b)(18)) is amended by striking ``such children'' and inserting
``all vulnerable children under 5 years of age''.
TITLE VI--ENSURING STATES REINVEST SAVINGS RESULTING FROM INCREASE IN
ADOPTION ASSISTANCE
SEC. 601. DELAY OF ADOPTION ASSISTANCE PHASE-IN.
Section 473(e)(1) of the Social Security Act (42 U.S.C. 673(e)(1))
is amended--
(1) in subparagraph (A), by striking ``fiscal year'' each
place it appears and inserting ``period''; and
(2) in subparagraph (B)--
(A) in the matter preceding the table, by striking
``fiscal year'' and inserting ``period''; and
(B) in the table--
(i) by striking ``of fiscal year:'' and
inserting ``of:'';
(ii) by striking ``2010'' and inserting
``Fiscal year 2010'';
(iii) by striking ``2011'' and inserting
``Fiscal year 2011'';
(iv) by striking ``2012'' and inserting
``Fiscal year 2012'';
(v) by striking ``2013'' and inserting
``Fiscal year 2013'';
(vi) by striking ``2014'' and inserting
``Fiscal year 2014'';
(vii) by striking ``2015'' and inserting
``Fiscal year 2015'';
(viii) by striking ``2016'' and inserting
``October 1, 2015, through March 31, 2019'';
(ix) by striking ``2017'' and inserting
``April 1, 2019, through March 31, 2020''; and
(x) by striking ``2018'' and inserting
``April 1, 2020,''.
SEC. 602. GAO STUDY AND REPORT ON STATE REINVESTMENT OF SAVINGS
RESULTING FROM INCREASE IN ADOPTION ASSISTANCE.
(a) Study.--The Comptroller General of the United States shall
study the extent to which States are complying with the requirements of
section 473(a)(8) of the Social Security Act relating to the effects of
phasing out the AFDC income eligibility requirements for adoption
assistance payments under section 473 of the Social Security Act, as
enacted by section 402 of the Fostering Connections to Success and
Increasing Adoptions Act of 2008 (Public Law 110-351; 122 Stat. 3975)
and amended by section 206 of the Preventing Sex Trafficking and
Strengthening Families Act (Public Law 113-183; 128 Stat. 1919). In
particular, the Comptroller General shall analyze the extent to which
States are complying with the following requirements under section
473(a)(8)(D) of the Social Security Act:
(1) The requirement to spend an amount equal to the amount
of the savings (if any) in State expenditures under part E of
title IV of the Social Security resulting from phasing out the
AFDC income eligibility requirements for adoption assistance
payments under section 473 of such Act to provide to children
of families any service that may be provided under part B or E
of title IV of such Act.
(2) The requirement that a State shall spend not less than
30 percent of the amount of any savings described in
subparagraph (A) on post-adoption services, post-guardianship
services, and services to support and sustain positive
permanent outcomes for children who otherwise might enter into
foster care under the responsibility of the State, with at
least \2/3\ of the spending by the State to comply with the 30
percent requirement being spent on post-adoption and post-
guardianship services.
(b) Report.--The Comptroller General of the United States shall
submit to the Committee on Finance of the Senate, the Committee on Ways
and Means of the House of Representatives, and the Secretary of Health
and Human Services a report that contains the results of the study
required by subsection (a), including recommendations to ensure
compliance with laws referred to in subsection (a).
Passed the House of Representatives June 21, 2016.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 527
114th CONGRESS
2d Session
H. R. 5456
_______________________________________________________________________
AN ACT
To amend parts B and E of title IV of the Social Security Act to invest
in funding prevention and family services to help keep children safe
and supported at home, to ensure that children in foster care are
placed in the least restrictive, most family-like, and appropriate
settings, and for other purposes.
_______________________________________________________________________
June 23, 2016
Read the second time and placed on the calendar