HR 4207
110th CONGRESS
1st Session
H. R. 4207
To provide States with the incentives, flexibility and resources
to develop child welfare services that focus on improving circumstances
for children, whether in foster care or in their own homes.
IN THE HOUSE OF REPRESENTATIVES
November 15, 2007
Ms. BERKLEY introduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To provide States with the incentives, flexibility and resources
to develop child welfare services that focus on improving circumstances
for children, whether in foster care or in their own homes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.
(a) Short Title- This Act may be cited as the `Partnership for Children
and Families Act'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents; references.
TITLE I--EXPANDED ELIGIBILITY FOR ADOPTION ASSISTANCE AND FOSTER CARE
Sec. 101. Adoption assistance.
Sec. 102. Foster care maintenance payments.
TITLE II--CHILD WELFARE REINVESTMENT FUNDING
Sec. 201. Child welfare reinvestment funding.
TITLE III--EFFECTIVE DATES
Sec. 301. Effective dates.
(c) References- Except as otherwise expressly provided, wherever in this
Act an amendment or repeal is expressed in terms of an amendment to, or
repeal of, a section or other provision, the amendment or repeal shall
be considered to be made to a section or other provision of the Social
Security Act.
TITLE I--EXPANDED ELIGIBILITY FOR ADOPTION ASSISTANCE AND FOSTER CARE
SEC. 101. ADOPTION ASSISTANCE.
Section 473(a) (42 U.S.C. 673(a)) is amended by striking paragraph (2)
and inserting the following:
`(2)(A) For the purposes of paragraph (1)(B)(ii), a child meets the
requirements of this paragraph if the child--
`(i)(I) at the time of the adoption proceedings were initiated, had
been removed from his or her home--
`(aa) pursuant to a voluntary placement agreement with respect to
which Federal payments are made under section 474; or
`(bb) as a result of a judicial determination to the effect that
continuation therein would be contrary to the welfare of the child,
including such determination made on account of a voluntary relinquishment;
`(II) was residing in a foster family home or in a child care institution
with the child's minor parent as described in section 475(4)(B); and
`(ii) has been determined by the State, pursuant to subsection (c)
to be a child with special needs.
`(B) A child who meets the requirements of subparagraph (A)(ii), who
was determined eligible for adoption assistance payments under this
part with respect to a prior adoption, and who is available for adoption
because the prior adoption has been dissolved and the parental rights
of the parents have been terminated or because the adoptive parents
have died, shall be treated as meeting the requirements of this paragraph
for the purposes of paragraph (1)(B)(ii).'.
SEC. 102. FOSTER CARE MAINTENANCE PAYMENTS.
(a) Elimination of Income Eligibility Requirement- Section 472(a) (42
U.S.C. 672(a)) is amended--
(1) in paragraph (1), by striking `if' and all that follows and inserting
`if the removal and foster care placement met, and the placement continues
to meet, the requirements of paragraph (2).'; and
(2) by striking paragraphs (3) and (4).
(b) Conforming Amendment- Section 470 (42 U.S.C. 670) is amended by striking
`who otherwise would have been eligible for assistance under the States
plan approved under part A (as such plan was in effect on June 1, 1995)'.
TITLE II--CHILD WELFARE REINVESTMENT FUNDING
SEC. 201. CHILD WELFARE REINVESTMENT FUNDING.
Section 474 (42 U.S.C. 674) is amended by adding at the end the following:
`(g) Child Welfare Reinvestment Fund-
`(1) IN GENERAL- Each State with a plan approved under this part for
a fiscal year may submit to the Secretary an application to--
`(A) receive foster care maintenance payment savings achieved by reducing
the total number of days children in the State experience in foster
care during the fiscal year; and
`(B) use the savings to--
`(i) provide to children in the State family preservation services,
family support services, time-limited family reunification services
and adoption promotion and support services, as such terms are defined
in section 431(a); and
`(ii) train the staff of State and local child welfare agencies,
of child welfare service providers, or of providers of related services
aimed at keeping children in their homes, on effective practices
relating to the provision of any service referred to in this subparagraph.
`(2) CONTENTS OF APPLICATION- An application submitted by a State pursuant
to this subsection shall contain--
`(A) an estimate of the the total number of placement days the State
will experience for the fiscal year covered by the application, and
a detailed description of the methodology used to make the estimate;
`(i) sets forth a detailed description of how any amount paid to
the State under this subsection would be used as described in paragraph
(1)(B) of this subsection;
`(ii) contains the assurances described in section 422(b)(8);
`(iii) does not impair the entitlement of any qualified child or
family to benefits under the State plan approved under this part;
and
`(iv) is consistent with any corrective action plan that the State
may be implementing pursuant to section 1123A; and
`(C) such other information as the Secretary may require.
`(3) APPROVAL OF APPLICATIONS- Beginning October 1, 2008, the Secretary
may approve an application submitted by a State pursuant to this subsection
if--
`(A) the State and the Secretary have agreed on the State's estimate
of the total number of placement days the State will experience for
the fiscal year covered by the application; and
`(B) the approval of the application would not--
`(i) result in the State violating any assurances made by the State
pursuant to section 422(b)(8); or
`(ii) result in the impairment of the entitlement of any qualified
child or family to benefits under the State plan approved under
this part.
`(A) IN GENERAL- In addition to any other payment under this part
for a fiscal year for which a State application under this subsection
is approved by the Secretary, the State shall be entitled to receive
from the Secretary an amount equal to the lesser of--
`(i) the foster care maintenance payment savings achieved by the
State for the fiscal year; or
`(ii) the Federal medical assistance percentage (as defined in section
1905(b)) of the total of the amounts expended by the State during
the fiscal year to carry out any activity described in the application
pursuant to paragraph (2)(B)(i) of this subsection and with respect
to which amounts the State is not otherwise entitled to receive
a payment from the Federal Government.
`(B) DETERMINATION OF SAVINGS-
`(i) IN GENERAL- For purposes of subparagraph (A)(i), the foster
care maintenance payment savings achieved by a State for a fiscal
year shall be an amount equal to--
`(I) the foster care maintenance unit cost of the State for the
fiscal year; multiplied by
`(II) the amount (if any) by which the number of placement days
estimated by the State for the fiscal year pursuant to paragraph
(3)(A) exceeds the number of placement days experienced by the
State during the fiscal year.
`(ii) DEFINITIONS- In this subsection:
`(I) FOSTER CARE MAINTENANCE UNIT COST- The term `foster care
maintenance unit cost' means, with respect to a State and a fiscal
year--
`(aa) the total amount payable to the State under subsection
(a)(1) for the preceding fiscal year; divided by
`(bb) the total number of placement days experienced by the
State in the preceding fiscal year.
`(II) PLACEMENT DAY- The term `placement day' means, with respect
to a State, a calendar day during all or part of which a child
(whether or not eligible for foster care maintenance payments
under section 472(a)), other than a child who has been determined
to be delinquent and is the subject of an agreement referred to
in section 472(a)(2), has been removed from his home and placed
into a family foster home, child care institution, or the home
of a relative of the child (whether or not a foster care maintenance
payment is made on behalf of the child to the family foster home,
child care institution, or relative), and during which the State
retains legal responsibility for the placement and care of the
child.
`(C) TIMING- The Secretary shall make the payment to which a State
is entitled under this subsection for a fiscal year, at the end of
the fiscal year.
`(A) IN GENERAL- A State to which funds are paid under this subsection
may use the funds only in accordance with the approved application
of the State under this subsection.
`(B) LIMITATION ON USE FOR STAFF COSTS- A State may not use any funds
paid to the State under this subsection to cover the salaries or related
costs of any staff of any State or local child welfare agency, except
to the extent the staff are directly engaged in carrying out an activity
referred to in paragraph (4)(A)(ii).
`(6) AVAILABILITY OF FUNDS- Funds paid to a State under paragraph (4)
shall remain available to the State for expenditure through the end
of the 5th fiscal year ending after the date paid.
`(7) REPORT- As soon as practicable after each fiscal year for which
a State has received funds under this part, the State shall prepare
and submit to the Secretary a written report on the services provided
through use of the funds, and the effects of the provision of the services
on the outcomes of children in the State.'.
TITLE III--EFFECTIVE DATES
SEC. 301. EFFECTIVE DATES.
(a) Adoption Assistance- The amendment made by section 101 shall take
effect on October 1, 2008, and shall apply to adoption assistance agreements
executed on or after that date.
(b) Foster Care Maintenance Payments- The amendments made by section 102
shall take effect on October 1, 2008, and shall apply to children removed
from their home and placed into foster care on or after that date.
(c) Child Welfare Reinvestment Funding- The amendment made by section
201 shall take effect on October 1, 2008.
END
