To provide for grants to State child welfare systems to improve quality standards and outcomes, to increase the match for private agencies receiving training funds under part E of title IV of the Social Security Act, and to authorize the forgiveness of loans made to certain students who become child welfare workers.

June 11, 2003

Mr. STARK (for himself, Mr. RANGEL, Mr. CARDIN, Mr. MCDERMOTT, Mr. GEORGE MILLER of California, Mr. COOPER, Mr. FROST, Ms. LEE, Mr. LANTOS, Ms. MILLENDER-MCDONALD, Mr. SERRANO, and Mr. WEXLER) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To provide for grants to State child welfare systems to improve quality standards and outcomes, to increase the match for private agencies receiving training funds under part E of title IV of the Social Security Act, and to authorize the forgiveness of loans made to certain students who become child welfare workers.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Child Protection Services Workforce Improvement Act'.

SEC. 2. CHILD WELFARE SERVICE QUALITY IMPROVEMENT GRANTS.

Part B of title IV of the Social Security Act (42 U.S.C. 620-629i) is amended by adding at the end the following:

`Subpart 3--Supporting Quality Front Line Workers

`SEC. 440. CHILD WELFARE SERVICE QUALITY IMPROVEMENT GRANTS.

`(a) IN GENERAL- The Secretary, acting through the Administration of Children and Families, shall make grants to States to improve the quality of child welfare services by increasing the quality and capacity of their child welfare workforce or by increasing the coordination of their child welfare services.

`(b) APPLICATIONS-

`(1) CONTENTS- A State desiring to receive a grant under this section shall submit to the Secretary an application that includes the following:

`(A) PLAN- A detailed description of how the State would use the grant, during the 5-year period beginning with the date the grant is received, to improve working conditions of child welfare workers in any agency providing a service under the State plan approved under subpart 1 or 2 of part B or part E in 1 or more ways described in paragraph (2), and an explanation of how doing so would help the State achieve the outcomes set forth in the Final List of Child Welfare Outcomes and Measures (64 Fed. Reg. 45552-45554).

`(B) BASELINE DATA ON STATE-SELECTED INDICATORS- The information described in those subparagraphs of paragraph (3) which describe the indicators that the State intends to improve on using the grant, with respect to all child welfare agencies in the State for the fiscal year preceding the first fiscal year for which the grant is requested.

`(C) BUDGET- A budget showing how the State would expend funds (including any grant funds provided under this section) for child welfare services or the improvement of the services.

`(2) WAYS TO IMPROVE WORKING CONDITIONS- The ways described in this paragraph to improve working conditions of child welfare workers are the following:

`(A) Increase the wages of supervisory and nonsupervisory child welfare workers.

`(B) Increase the number of State supervisory and nonsupervisory staff working on strengthening and preserving families and improving child well-being, permanency, and safety.

`(C) Reduce the turnover rate for supervisory and nonsupervisory child welfare workers in the State, and the number of supervisory and nonsupervisory staff vacancies in child welfare agencies.

`(D) Improve the formal education and training of supervisory and nonsupervisory child welfare workers.

`(E) Increase the number of supervisory and nonsupervisory child welfare workers who have graduated from an institution of higher education in such fields of study as the Secretary determines are related to the delivery of child welfare services.

`(F) Coordinate training, recruitment, and retention strategies for child welfare workers.

`(G) Provide educational scholarships for fields of study relevant to the purposes of parts B and E in return for substantial service.

`(H) Implement strategies to increase the safety of child welfare workers.

`(I) Enable the State child welfare agencies to coordinate the provision of services with State and local health care agencies, State and local alcohol and drug abuse prevention and treatment agencies, State and local mental health agencies, State and local housing agencies, State and local agencies administering the Temporary Assistance for Needy Families program, and other welfare agencies to promote child safety, permanence, and family stability.

`(J) Provide training to improve the ability of child welfare workers to include and involve families in planning decisions for children served by State child welfare agencies.

`(3) DESCRIPTION OF BASELINE DATA- The data described in this paragraph are the following:

`(A) The average salary of supervisory child welfare workers, and of nonsupervisory child welfare workers.

`(B) The average number of children or families, per caseworker--

`(i) for caseworkers who provide services for abused or neglected children and their families;

`(ii) for caseworkers who provide services to strengthen and preserve families with children;

`(iii) for caseworkers who provide adoption services; and

`(iv) for caseworkers who provide family foster care services.

`(C) The total number of vacancies in supervisory staff positions and in nonsupervisory staff positions, and each such number expressed as a percentage of each type of staff position.

`(D) The average rate at which supervisory child welfare workers left employment, and at which nonsupervisory child welfare workers left employment.

`(E) The average duration of employment of supervisory child welfare workers and of nonsupervisory child welfare workers.

`(F) The total number and percentage of supervisory child welfare workers and of nonsupervisory child welfare workers who have received a bachelor's or more advanced degree from an institution of higher education, in the aggregate, and broken down by field of study.

`(G) The average number of staff for whom supervisory child welfare workers are responsible.

`(H) The range and scope of pre-service and in-service training opportunities, including numbers and percentage of supervisory child welfare staff and of nonsupervisory child welfare staff engaged in training programs.

`(I) The number and severity of injuries and threats to child welfare workers, and the strategies used to address the safety of child welfare workers.

`(J) Data that indicates whether families and children received support services (such as mental and physical health care, food stamps, affordable housing, and substance abuse prevention and treatment) needed to create a stable home environment.

`(K) Such other indicators as the Secretary may by regulation prescribe.

`(4) AMENDMENT OF APPLICATIONS- A State may at any time submit to the Secretary an amendment to the application of the State under this subsection. On approval of such an amendment, the application shall be considered to include the amendment.

`(c) GRANTS-

`(1) IN GENERAL- On certification by the Secretary that a State application for a grant under this section meets the requirements of subsection (b) and that implementing the activities described in the application would help the State achieve some of the outcomes set forth in the Final List of Child Welfare Outcomes and Measures (64 Fed. Reg. 45552-45554), and on approval by the Secretary of the application, the State shall be eligible to receive a grant under this section for each fiscal year for which funds are available for such a grant.

`(2) GRANT AMOUNT- The Secretary shall make a grant to each State that is eligible to receive a grant under this section for a fiscal year, in an amount equal to the lesser of--

`(A) the amount finally allotted to or reserved for the State under this subsection for the fiscal year; or

`(B) 3 times the amount that the State has committed to spend to carry out the activities described in the approved application.

`(3) RESERVATION OF FUNDS-

`(A) PUERTO RICO- The Secretary shall reserve 1.75 percent of the funds appropriated pursuant to subsection (j) for each fiscal year, for a grant to Puerto Rico under this section for the fiscal year. If, for a fiscal year, Puerto Rico does not submit to the Secretary an application that meets the requirements of subsection (b), the funds so reserved shall be available for allotment under paragraph (4) of this subsection for the succeeding fiscal year or (if the succeeding fiscal year is fiscal year 2009) remitted to the Treasury of the United States.

`(B) OTHER TERRITORIES- The Secretary shall reserve 0.3 percent of the funds appropriated pursuant to subsection (j) for each fiscal year, for grants among the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands under this section in such amounts as the Secretary deems appropriate for the fiscal year. If, for a fiscal year, none of such territories submits to the Secretary an application that meets the requirements of subsection (b), the funds so reserved shall be available for allotment under paragraph (4) of this subsection for the succeeding fiscal year or (if the succeeding fiscal year is fiscal year 2009) remitted to the Treasury of the United States.

`(C) INDIAN TRIBES- The Secretary shall reserve 2 percent of the funds appropriated pursuant to subsection (j) for each fiscal year, for grants among Indian tribes under this section in such amounts as the Secretary deems appropriate for the fiscal year. If, for a fiscal year, the Secretary does not receive from any Indian tribe an application that meets the requirements of subsection (b), the funds so reserved shall be available for allotment under paragraph (4) of this subsection for the succeeding fiscal year or (if the succeeding fiscal year is fiscal year 2009) remitted to the Treasury of the United States.

`(D) TECHNICAL ASSISTANCE AND EVALUATIONS- The Secretary shall reserve 0.7 percent of the funds appropriated pursuant to subsection (j) for each fiscal year, to pay the costs of providing technical assistance and conducting evaluations under this section.

`(4) ALLOTMENTS-

`(A) INITIAL ALLOTMENT- From the amount available to carry out this section for a fiscal year that remains after applying paragraph (3) for the fiscal year (including any

amount available for allotment under this paragraph for the fiscal year after applying paragraph (3) for the preceding fiscal year), the Secretary shall initially allot to each State not described in paragraph (3) for a fiscal year an amount that bears the same ratio to the remaining amount as the number of individuals who reside in the State and have not attained 18 years of age bears to the total number of such individuals in all States not described in paragraph (3) that are eligible for a grant under this section for such most recent fiscal year.

`(B) FINAL ALLOTMENT- The Secretary shall reduce the amount initially allotted to each State with an initial allotment under subparagraph (A) of more than $300,000, on a pro rata basis, to the extent necessary to ensure that the amount finally allotted to each such State is not less than $300,000.

`(d) USE OF GRANT-

`(1) IN GENERAL-

`(A) A State to which a grant is made under this section shall use the grant in accordance with the approved application for the grant.

`(B) Notwithstanding subparagraph (A), a State or Indian tribe to which a grant is made under this section shall provide grant funding to private and public child welfare agencies on a proportionate basis, based on the number of foster children, adopted children, and children in kinship care arrangements that such agencies serve in the State or in the service delivery area of the tribe, as the case may be.

`(2) AVAILABILITY OF FUNDS- A State that receives funds under this section shall remit to the Secretary any of such funds that remain unexpended by the State at the end of the 2-year period that begins with the date of the receipt.

`(3) NO SUPPLANTATION- A State to which a grant is made under this section shall use the grant to supplement and not supplant any Federal, State, or local funds used for child welfare services or child welfare training.

`(e) MONITORING- The Secretary shall monitor the activities of grantees under this section to ensure compliance with this section and any State plan of the grantee under subpart 1.

`(f) TECHNICAL ASSISTANCE- The Secretary may provide technical assistance to any grantee to assist the grantee in improving the quality of child welfare services, including strategies to recruit, train, and retain high quality staff, and in complying with the provisions of law referred to in subsection (e).

`(g) ENFORCEMENT-

`(1) IN GENERAL- If the Secretary determines that, during a fiscal year, a grantee under this section has not complied with a requirement of this Act, the Secretary may--

`(A) in the case of the 1st such determination of noncompliance, reduce by not less than 5 percent the amount of the grant otherwise payable to the grantee under this section for the fiscal year;

`(B) in the case of the 2nd such determination of noncompliance, reduce by not less than 25 percent the amount of the grant otherwise payable to the grantee under this section for the fiscal year; and

`(C) in the case of the 3rd or any subsequent such determination of noncompliance, withhold the payment of a grant to the grantee under this section for any succeeding fiscal year, notwithstanding subsection (c).

`(2) RECOVERY- In the case of a determination under paragraph (1) of grantee noncompliance, to the extent that a penalty cannot be imposed under paragraph (1), the Secretary shall require the grantee to remit to the Secretary the amount of the penalty not able to be so imposed.

`(h) EVALUATION-

`(1) IN GENERAL- Not later than September 30, 2006, the Secretary shall conduct an interim evaluation to determine whether the grantees under this section have improved the provision of child welfare services beyond the level reflected in the baseline data set forth in the applications submitted by the grantees under this section.

`(2) MATTERS TO BE ADDRESSED- The evaluation shall include information on whether there has been a statewide improvement in the status of child permanency, child welfare, and child safety of children in the child welfare system.

`(3) METHODS- In conducting the evaluation of a grantee, the Secretary shall use the same methods that were used in considering the application submitted by the grantee pursuant to this section.

`(4) FINAL REPORT- Not later than September 30, 2008, the Secretary shall submit to the Congress a written report that contains the final evaluation of the Secretary.

`(i) REGULATIONS- The Secretary shall prescribe such regulations as may be necessary to carry out this section, including regulations, developed in consultation with the States, governing how to obtain the baseline data described in subsection (b)(3).

`(j) APPROPRIATION- Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary not more than $100,000,000 for each of fiscal years 2004 through 2008 to carry out this section.

`(k) DEFINITIONS- In this section:

`(1) ALASKA NATIVE ORGANIZATION- The term `Alaska Native Organization' means any organized group of Alaska Natives eligible to operate a Federal program under the Indian Self-Determination Act (25 U.S.C. 450f et seq.) or the designee of such a group.

`(2) CHILD WELFARE AGENCY- The term `child welfare agency' means the State agency responsible for administering subpart 1, and any public or private agency under contract with the State agency to provide child welfare services.

`(3) INDIAN TRIBE- The term `Indian tribe' means any Indian tribe, band, Nation or other organized group or community of Indians, including any Alaska Native Organization, that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

`(4) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965.

`(5) STATE- The term `State' means each of the 50 States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, American Samoa, and the Northern Mariana Islands.'.

SEC. 3. INCREASE IN PAYMENT RATE FOR STATES FOR EXPENDITURES FOR SHORT TERM TRAINING OF STAFF OF CERTAIN CHILD WELFARE AGENCIES AND COURT PERSONNEL.

Section 474(a)(3)(B) of the Social Security Act (42 U.S.C. 674(a)(3)(B)) is amended to read as follows:

`(B) 75 percent of so much of such expenditures (including travel and per diem expenses) as are for the short-term training of--

`(i) current or prospective foster or adoptive parents and the members of the staff of State-licensed or State-approved child care institutions providing care, or of State-licensed or State-approved child welfare agencies providing services, to foster and adopted children receiving assistance under this part,

`(ii) members of the staff of abuse and neglect courts, agency attorneys, attorneys representing children, parents, or guardians ad litem, or other court-appointed special advocates representing children in proceedings of such courts,

`(iii) persons employed by State, local, or private nonprofit child-serving agencies that are working with the State or local agency administering the State plan under this part to keep children safe and provide permanent families for children, and

`(iv) persons employed by State, local, or private nonprofit child-serving agencies, in the provision of mental health services (including an overview of communication skills, of signs of normal and pathological development of children, of normal and pathological family interaction, of counseling strategies and interventions, and of community mental health resources including how and when to use such resources),

in ways that increase the ability of such current or prospective parents, guardians, staff members, institutions, attorneys, advocates, and persons to provide support and assistance to foster and adopted children, whether incurred directly by the State or by contract,'.

SEC. 4. LOAN FORGIVENESS FOR CHILD WELFARE WORKERS.

Part B of title IV of the Higher Education Act of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11) the following new section:

`SEC. 428L. LOAN FORGIVENESS FOR CHILD WELFARE WORKERS.

`(a) PURPOSE- It is the purpose of this section--

`(1) to bring more highly trained individuals into the child welfare profession; and

`(2) to keep more highly trained child welfare workers in the child welfare field for longer periods of time.

`(b) DEFINITIONS- In this section:

`(1) CHILD WELFARE SERVICES- The term `child welfare services' has the meaning given the term in section 425 of the Social Security Act.

`(2) DEGREE- The term `degree' means a bachelor's or graduate degree awarded by an institution of higher education.

`(c) DEMONSTRATION PROGRAM-

`(1) IN GENERAL- The Secretary may carry out a demonstration program of assuming the obligation to repay, pursuant to subsection (d), a loan made, insured, or guaranteed under this part or part D (excluding loans made under sections 428B and 428C or comparable loans made under part D) for any new borrower after the date of enactment of this section, who--

`(A) completes a degree in social work or related field with a focus on serving children and families (as determined in accordance with regulations prescribed by the Secretary);

`(B) obtains employment in public or private child welfare services; and

`(C) has worked full time for the 2 consecutive years preceding the year for which the determination is made as a child welfare worker.

`(2) AWARD BASIS; PRIORITY-

`(A) AWARD BASIS- Subject to subparagraph (B), loan repayment under this section shall be on a first-come, first-served basis and subject to the availability of appropriations.

`(B) PRIORITY- The Secretary shall give priority in providing loan repayment under this section for a fiscal year to student borrowers who received loan repayment under this section for the preceding fiscal year.

`(3) REGULATIONS- The Secretary is authorized to prescribe such regulations as may be necessary to carry out the provisions of this section.

`(d) LOAN REPAYMENT-

`(1) IN GENERAL- The Secretary shall assume the obligation to repay--

`(A) after the second consecutive year of employment described in subparagraphs (B) and (C) of subsection (c)(1), 20 percent of the total amount of all loans made after date of enactment of the Higher Education Amendments of 1998, to a student under this part or part D;

`(B) after the third consecutive year of such employment, 20 percent of the total amount of all such loans; and

`(C) after each of the fourth and fifth consecutive years of such employment, 30 percent of the total amount of all such loans.

`(2) CONSTRUCTION- Nothing in this section shall be construed to authorize the refunding of any repayment of a loan made under this part or part D.

`(3) INTEREST- If a portion of a loan is repaid by the Secretary under this section for any year, the proportionate amount of interest on such loan which accrues for such year shall be repaid by the Secretary.

`(4) SPECIAL RULE- In the case where a student borrower who is not participating in loan repayment pursuant to this section returns to an institution of higher education after graduation from an institution of higher education for the purpose of obtaining a degree described in subsection (c)(1)(A), the Secretary is authorized to assume the obligation to repay the total amount of loans made under this part or part D incurred for a maximum of two academic years in returning to an institution of higher education for the purpose of obtaining such a degree. Such loans shall only be repaid for borrowers who qualify for loan repayment pursuant to the provisions of this section, and shall be repaid in accordance with the provisions of paragraph (1).

`(5) INELIGIBILITY OF NATIONAL SERVICE AWARD RECIPIENTS- No student borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.).

`(e) REPAYMENT TO ELIGIBLE LENDERS- The Secretary shall pay to each eligible lender or holder for each fiscal year an amount equal to the aggregate amount of loans which are subject to repayment pursuant to this section for such year.

`(f) APPLICATION FOR REPAYMENT-

`(1) IN GENERAL- Each eligible individual desiring loan repayment under this section shall submit a complete and accurate application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.

`(2) CONDITIONS- An eligible individual may apply for loan repayment under this section after completing each year of qualifying employment. The borrower shall receive forbearance while engaged in qualifying employment unless the borrower is in deferment while so engaged.

`(g) EVALUATION-

`(1) IN GENERAL- The Secretary shall conduct, by grant or contract, an independent national evaluation of the impact of the demonstration program assisted under this section on the field of child welfare services.

`(2) COMPETITIVE BASIS- The grant or contract described in subsection (b) shall be awarded on a competitive basis.

`(3) CONTENTS- The evaluation described in this subsection shall determine--

`(A) whether the program has increased child welfare workers' education in the areas covered by loan forgiveness;

`(B) whether the loan forgiveness program has contributed to increased time on the job for child welfare workers as measured by (i) the length of time child welfare workers receiving loan forgiveness have worked in the child welfare field; and (ii) the length of time such workers are continuing to work in such field after they have met the requirements of the loan forgiveness programs;

`(C) whether the program has increased the experience and the quality of child welfare workers and has contributed to increased performance in the outcomes of child welfare services in terms of child well-being, permanency, and safety, as determined after consultation with the Secretary of Health and Human Services.

`(4) INTERIM AND FINAL EVALUATION REPORTS- The Secretary shall prepare and submit to the President and the Congress such interim reports regarding the evaluation described in this subsection as the Secretary deems appropriate, and shall prepare and so submit a final report regarding the evaluation by September 30, 2008.

`(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2004, and such sums as may be necessary for each of the 4 succeeding fiscal years.'.

END