HR 5466
110th CONGRESS
2d Session
H. R. 5466
To improve outcomes for vulnerable children by investing in families,
improving accountability in the child welfare system, and finding safe, stable,
and permanent homes for foster children.
IN THE HOUSE OF REPRESENTATIVES
February 14, 2008
Mr. MCDERMOTT (for himself, Mr. STARK, Mr. LEWIS of Georgia, Ms. BERKLEY,
Mr. DAVIS of Alabama, Ms. DELAURO, and Mr. FATTAH) introduced the following
bill; which was referred to the Committee on Ways and Means
A BILL
To improve outcomes for vulnerable children by investing in families,
improving accountability in the child welfare system, and finding safe, stable,
and permanent homes for foster children.
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 `Investment in Kids' Instruction, Development
and Support Act' or the `Invest in KIDS Act'.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 2. Table of contents.
TITLE I--PROVIDING SERVICES TO STRENGTHEN FAMILIES AND REDUCE THE NEED FOR
FOSTER CARE
Sec. 101. Child and family services program.
TITLE II--ENSURING FEDERAL FOSTER COVERAGE FOR ALL CHILDREN IN NEED
Sec. 201. Expanded eligibility for foster care and adoption assistance.
Sec. 202. Flexibility to establish separate standards for relative foster
family homes.
Sec. 203. Application of standards to all children.
TITLE III--SUPPORTING A QUALIFIED CHILD WELFARE WORKFORCE
Sec. 301. Child welfare service quality improvement grants.
Sec. 302. Increase in payment rate for States for expenditures for short
term training of staff of certain child welfare agencies and court personnel.
TITLE IV--CONNECTING CHILDREN TO SUPPORT, FAMILY, HEALTH CARE, AND SCHOOL
Subtitle A--Connection to Support
Sec. 401. State option for children in foster care after attaining age 18.
Subtitle B--Connections to Family
Sec. 411. Kinship guardianship assistance payments for children.
Sec. 412. Family connection grants.
Sec. 413. Information on adoption tax credit.
Sec. 414. Adoption incentives program.
Sec. 415. Sibling placement.
Subtitle C--Connections to Health Care
Sec. 421. Health oversight and coordination plan.
Subtitle D--Connections to School
Sec. 431. Educational stability.
TITLE I--PROVIDING SERVICES TO STRENGTHEN FAMILIES AND REDUCE THE NEED FOR
FOSTER CARE
SEC. 101. CHILD AND FAMILY SERVICES PROGRAM.
(a) Child and Family Services Component of State Plan- Section 471(a) of the
Social Security Act (42 U.S.C. 671(a)) is amended--
(1) by striking `and' at the end of paragraph (26);
(2) by striking the period at the end of paragraph (27) and inserting `;
and'; and
(3) by adding at the end the following:
`(28) at the option of the State, includes a child and family services component
that describes in detail--
`(A) how the State intends to spend the funds provided under section 474(a)(5),
and an assurance that the State will submit to the Secretary reports on
annual spending of the funds in accordance with a detailed, uniform system
which shall be developed by the Secretary;
`(B) the goals the State intends to achieve with the expenditure of the
funds; and
`(C) the process by which the State intends to assess the effects of the
expenditure of the funds on--
`(i) the goals referred to in subparagraph (B) of this paragraph; and
`(ii) other indicators of child welfare performance; and
`(D) whether the State intends to spend funds provided under section 474(a)(5)
to implement, in whole or in part, a corrective action plan referred to
in subsection (b)(2)(B) of this section.'.
(b) Approval of Child and Family Services Component- Section 471(b) of such
Act (42 U.S.C. 671(b)) is amended to read as follows:
`(b)(1) The Secretary shall approve any plan which complies with subsection
(a), subject to paragraph (2) of this subsection.
`(2)(A) The Secretary may not approve the child and family services component
of a plan submitted pursuant to this part if there is in effect a final determination
under section 1123A that a State program under part B or this part has failed
to substantially conform with the requirements, regulations, and plans referred
to in section 1123A(a) that apply to the program, unless the State is implementing
a corrective action plan referred to in section 1123A(b)(4)(A) with respect
to the failure. The Secretary may disapprove the component if the State is
not making meaningful progress in ending the failure to so conform.
`(B) The Secretary may disapprove the child and family services component
of a plan submitted pursuant to this part if--
`(i) the component describes an intention of the State to expend funds using
a method that is substantially similar to a specific method used by the
State to expend funds pursuant to the State plan approved under this part
in not less than 2 of the 5 most recently preceding fiscal years; and
`(ii) the prior spending failed to result in meaningful progress towards
achieving the goals described in the plan pursuant to subsection (a)(28)(B),
determined on the basis of the process referred to in subsection (a)(28)(C).'.
(c) Payments to States- Section 474(a) of such Act (42 U.S.C. 674(a)) is amended--
(1) by striking the period at the end of paragraph (4) and inserting `;
plus'; and
(2) by adding at the end the following:
`(5) an amount equal to the Federal medical assistance percentage (as defined
in section 1905(b)) of the total amount expended during such quarter to
provide (and evaluate the provision of) services which seek to--
`(A) safely reduce the number of children in foster care;
`(B) safely reduce the length of stay for children in foster care;
`(C) increase the percentage of foster children who are cared for in family-like
settings; and
`(D) improve the well-being of children in foster care, in an adoption
eligible for payments under section 473, or in a kinship guardianship
arrangement eligible for payments under section 473(d); and'.
(d) Applicability to Indian Tribes- Section 479B(b)(2)(A)(i) of such Act,
as added by section 201(e)(2) of this Act, is amended by striking `(1) and
(2)' and inserting `(1), (2), and (5)'.
(e) Nonsupplantation- Section 474 of such Act (42 U.S.C. 674) is amended by
adding at the end the following:
`(g) A State to which funds are paid under subsection (a)(5) shall use those
funds to supplement and not supplant any Federal, State or local funds used
for services described in such subsection.'.
TITLE II--ENSURING FEDERAL FOSTER COVERAGE FOR ALL CHILDREN IN NEED
SEC. 201. EXPANDED ELIGIBILITY FOR FOSTER CARE AND ADOPTION ASSISTANCE.
(1) ELIMINATION OF INCOME ELIGIBILITY REQUIREMENT-
(A) IN GENERAL- Section 472(a) of the Social Security Act (42 U.S.C. 672(a))
is amended--
(i) in paragraph (1), by striking `specified' and all that follows and
inserting `or caretaker into foster care if the removal and foster care
placement met, and continues to meet, the requirements of paragraph
(2).'; and
(ii) by striking paragraphs (3) and (4).
(B) CONFORMING AMENDMENT- Section 470 of such Act (42 U.S.C. 670) is amended
by striking `who otherwise would have been eligible for assistance under
the State's plan approved under part A (as such plan was in effect on
June 1, 1995)'.
(2) FOSTER CARE MAINTENANCE PAYMENTS MATCH RATE- Section 474 (42 U.S.C.
674), as amended by section 101(e) of this Act, is amended--
(A) in subsection (a)(1), by inserting `, subject to subsection (h)(1)'
before the semicolon; and
(B) by adding at the end the following:
`(h)(1)(A) The Secretary shall reduce the percentage by which expenditures
referred to in subsection (a)(1) are reimbursed, by such equal percentage
for all States as may be necessary to ensure that--
`(i) the ratio, for any calendar quarter, of the total of the amounts
payable to States under such subsection to the total of all amounts expended
by the States as foster care maintenance payments (whether or not eligible
for reimbursement under this part), excluding any expenditure made from
other funds provided by the Federal Government; equals
`(ii) the average such ratio for the 12 quarters most recently preceding
the effective date of this subsection.
`(B)(i) The Secretary shall establish procedures to allow States to submit
to the Secretary supplemental claims for reimbursement of expenditures referred
to in subsection (a)(1) incurred during the 3-year period beginning with the
effective date of this subsection.
`(ii) A supplemental claim for reimbursement of expenditures referred to in
subsection (a)(1) that is submitted by a State may be for an amount that does
not exceed the amount (if any) by which--
`(I) the maximum amount the State lawfully could have claimed under this
section with respect to the expenditures, if this subsection had not been
enacted; exceeds
`(II) the amount the State otherwise claims under this section with respect
to the expenditures.
`(iii) The Secretary shall pay to a State that submits a supplemental claim
in accordance with this subparagraph the total amount claimed.
`(C) For each State with respect to which a claim has been paid under subparagraph
(B) of this paragraph, the Secretary shall--
`(i) calculate the overall rate at which the expenditures referred to in
subsection (a)(1) have been reimbursed under this part during the 3-year
period described in subparagraph (B) of this paragraph; and
`(ii) for each subsequent calendar quarter, reimburse the expenditures at
the overall rate.'.
(1) ELIMINATION OF INCOME ELIGIBILITY REQUIREMENT- Section 473(a)(2) of
such Act (42 U.S.C. 673(a)(2)) is amended to read as follows:
`(2)(A) For purposes of paragraph (1)(B)(ii), a child meets the requirements
of this paragraph if the child--
`(i)(I) at the time 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 provided 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;
`(II) is eligible for supplemental security income benefits under title
XVI; or
`(III) is a child whose costs in a foster family home or child-care institution
are covered by the foster care maintenance payments being made with respect
to the minor parent of the child 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) of this
paragraph, 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 adoptive parents have been terminated or because the child's
adoptive parents have died, shall be treated as meeting the requirements
of this paragraph for purposes of paragraph (1)(B)(ii).'.
(2) ADOPTION ASSISTANCE PAYMENTS MATCH RATE- Section 474 of such Act (42
U.S.C. 674) is amended--
(A) in subsection (a)(2), by inserting `, subject to subsection (h)(2)'
before the semicolon; and
(B) by adding at the end of subsection (h) (as added by subsection (a)(2)(B)
of this section) the following:
`(2)(A) The Secretary shall reduce the percentage by which the expenditures
referred to in subsection (a)(2) are reimbursed, by such equal percentage
for all States as may be necessary to ensure that--
`(i) the ratio, for any calendar quarter, of the total of the amounts payable
to States under such subsection to the total of all amounts expended by
the States as adoption assistance payments (whether or not eligible for
reimbursement under this part), excluding any expenditure made from other
funds provided by the Federal Government; equals
`(ii) the average such ratio for the 12 quarters most recently preceding
the effective date of this subsection.
`(B)(i) The Secretary shall establish procedures to allow States to submit
to the Secretary supplemental claims for reimbursement of expenditures referred
to in subsection (a)(2) incurred during the 3-year period beginning with the
effective date of this subsection.
`(ii) A supplemental claim for reimbursement of expenditures referred to in
subsection (a)(2) that is submitted by a State may be for an amount that does
not exceed the amount (if any) by which--
`(I) the maximum amount the State lawfully could have claimed under this
section with respect to the expenditures, if this subsection had not been
enacted; exceeds
`(II) the amount the State otherwise claims under this section with respect
to the expenditures.
`(iii) The Secretary shall pay to a State that submits a supplemental claim
in accordance with this subparagraph the total amount claimed.
`(C) For each State with respect to which a claim has been paid under subparagraph
(B) of this paragraph, the Secretary shall--
`(i) calculate the overall rate at which the expenditures referred to in
subsection (a)(2) have been reimbursed under this part during the 3-year
period described in subparagraph (B) of this paragraph; and
`(ii) for each subsequent calendar quarter, reimburse the expenditures at
the overall rate.'.
(c) Administrative Costs-
(1) IN GENERAL- Section 474 of such Act (42 U.S.C. 674) is amended--
(A) in subsection (a)(3)(E), by inserting `, subject to subsection (h)(3)'
after `expenditures'; and
(B) by adding at the end of subsection (h) (as added by subsection (a)(2)(B)
of this section) the following:
`(3)(A) The Secretary shall reduce the percentage by which the expenditures
referred to in subsection (a)(3)(E) are reimbursed, by such equal percentage
for all States as may be necessary to ensure that--
`(i) the ratio, for any calendar quarter, of the total of the amounts payable
to States under subsection (a)(3)(E) to the total of all amounts expended
by the States for expenditures referred to in such subsection (whether or
not eligible for reimbursement under this part), excluding any expenditure
made from other funds provided by the Federal Government; equals
`(ii) the average such ratio for the 12 quarters most recently preceding
the effective date of this subsection.
`(B) The Secretary shall establish procedures to allow States to submit to
the Secretary supplemental claims for reimbursement of expenditures referred
to in subsection (a)(3)(E) incurred during the 3-year period beginning with
the effective date of this subsection.
`(C) The Secretary shall pay a claim submitted pursuant to subparagraph (B)
with respect to an expenditure, to the extent that, in the absence of this
paragraph, an amount would be payable under this part with respect to the
expenditure.
`(D) For each State with respect to which a claim has been paid under subparagraph
(B) of this paragraph, the Secretary shall--
`(i) calculate the overall rate at which the expenditures referred to in
subsection (a)(3)(E) have been reimbursed under this part during the 3-year
period described in subparagraph (B) of this paragraph; and
`(ii) for each subsequent calendar quarter, reimburse the expenditures at
the overall rate.'.
(2) LIMITATION ON EXPENDITURES NOT RELATED TO PLACEMENT OR CASE MANAGEMENT
ACTIVITIES- Section 474 of such Act (42 U.S.C. 674), as amended by the preceding
provisions of this section, is amended by adding at the end the following:
`(i) A State shall not use more than 15 percent of the amounts paid to the
State under subsection (a)(3)(E) for expenditures relating to determining
eligibility, setting rates for foster care homes and institutions, and the
proportionate share of related agency overhead.'.
(d) Removal of Title IV-E From Funding Cap for the Territories- Section 1108
of such Act (42 U.S.C. 1308) is amended in each of subsections (a)(1) and
(b)(1), by striking `parts A and E' and inserting `part A'.
(e) Authority of Indian Tribes To Receive Federal Funds for Foster Care and
Adoption Assistance-
(1) CHILDREN PLACED IN TRIBAL CUSTODY ELIGIBLE FOR FOSTER CARE FUNDING-
Section 472(a)(2)(B) of such Act (42 U.S.C. 672(a)(2)(B)) is amended--
(A) by striking `or' at the end of clause (i);
(B) by striking `and' and inserting `or' at the end of clause (ii); and
(C) by adding at the end the following:
`(iii) an Indian tribe or tribal organization (as defined in section
479B(e)) or an intertribal consortium, if the Indian tribe, tribal organization,
or consortium--
`(I) is operating a program pursuant to section 479B;
`(II) has a cooperative agreement with a State pursuant to section
479B(c); or
`(III) submits to the Secretary a description of the arrangements
(jointly developed or developed in consultation with the State) made
by the Indian tribe, tribal organization, or consortium for the payment
of funds and the provision of the child welfare services and protections
required by this title; and'.
(2) PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS- Part E of title IV
of such Act (42 U.S.C. 670 et seq.) is amended by adding at the end the
following:
`SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL ORGANIZATIONS.
`(a) Application- Except as provided in subsection (b), this part shall apply
to an Indian tribe or tribal organization that elects to operate a program
under this part in the same manner as this part applies to a State.
`(b) Modification of Plan Requirements-
`(1) SERVICE AREA; STANDARDS-
`(A) IN GENERAL- Subject to subparagraph (B), in the case of an Indian
tribe or tribal organization submitting a plan for approval under section
471, the plan shall--
`(i) in lieu of the requirement of section 471(a)(3), identify the service
area or areas and population to be served by the Indian tribe or tribal
organization; and
`(ii) in lieu of the requirement of section 471(a)(10), provide for
the approval of foster homes pursuant to tribal standards and in a manner
that ensures the safety of, and accountability for, children placed
in foster care.
`(B) SPECIAL RULE- With respect to an Indian tribe located in the State
of Alaska--
`(i) subparagraph (A)(ii) of this paragraph shall not apply; and
`(ii) the requirement of section 471(a)(10) shall apply to a plan submitted
by the tribe.
`(2) DETERMINATION OF FEDERAL SHARE-
`(i) IN GENERAL- For purposes of determining the Federal medical assistance
percentage applicable to an Indian tribe or tribal organization under
paragraphs (1) and (2) of section 474(a), the calculation of an Indian
tribe's or tribal organization's per capita income shall be based on
the service population of the Indian tribe or tribal organization as
defined in its plan in accordance with paragraph (1)(A) of this subsection.
`(ii) CONSIDERATION OF OTHER INFORMATION- An Indian tribe or tribal
organization may submit to the Secretary such information as the Indian
tribe or tribal organization considers relevant to the calculation of
the per capita income of the Indian tribe or tribal organization, and
the Secretary shall consider such information before making the calculation.
`(B) ADMINISTRATIVE EXPENDITURES- The Secretary shall, by regulation,
determine the percentages to be paid to Indian tribes and tribal organizations
pursuant to section 474(a)(3), which shall not be less than the corresponding
percentages specified for a State in that section.
`(C) SOURCES OF NON-FEDERAL SHARE- The Secretary shall make payments under
section 474 with respect to expenditures of an Indian tribe or tribal
organization, without regard to the source of the funds used for the expenditure.
`(3) MODIFICATION OF OTHER REQUIREMENTS- Upon the request of an Indian tribe,
a tribal organization, or a consortium of tribes or tribal organizations,
the Secretary may modify any requirement under this part if, after consulting
with the Indian tribe, tribal organization, or consortium, the Secretary
determines that modification of the requirement would advance the best interests
and the safety of children served by the Indian tribe, tribal organization,
or consortium.
`(4) CONSORTIUM- The participating Indian tribes or tribal organizations
of an intertribal consortium may develop and submit a single plan under
section 471 that meets the requirements of this section.
`(c) Cooperative Agreements- An Indian tribe, tribal organization, or intertribal
consortium and a State may enter into a cooperative agreement for the administration
or payment of funds pursuant to this part. In any case where an Indian tribe,
tribal organization, or intertribal consortium and a State enter into a cooperative
agreement that incorporates any of the provisions of this section, those provisions
shall be valid and enforceable. Any such cooperative agreement that is in
effect as of the date of the enactment of this section, shall remain in full
force and effect subject to the right of either party to the agreement to
revoke or modify the agreement pursuant to the terms of the agreement.
`(d) Regulations- Not later than 1 year after the date of the enactment of
this section, the Secretary shall, in full consultation with Indian tribes
and tribal organizations, promulgate regulations to carry out this section.
`(e) Definitions of Indian Tribe; Tribal Organization- In this section, the
terms `Indian tribe' and `tribal organization' have the meanings given those
terms in subsections (e) and (l) of section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b), respectively, except that,
with respect to the State of Alaska, the term `Indian tribe' has the meaning
given that term in section 419(4)(B) of this Act.'.
(f) Conforming Changes for FMAP for the District of Columbia- Section 474(a)
of such Act (42 U.S.C. 674(a)) is amended in each of paragraphs (1) and (2)
by striking `(as defined in section 1905(b) of this Act)' inserting `(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)'.
SEC. 202. FLEXIBILITY TO ESTABLISH SEPARATE STANDARDS FOR RELATIVE FOSTER
FAMILY HOMES.
Section 471(a)(10) of the Social Security Act (42 U.S.C. 671(a)(10)) is amended
by inserting before the semicolon the following: `, and, at the option of
the State, that the authority or authorities may--
`(A) establish and maintain separate standards for foster family homes
in which a foster parent is a relative of the foster child, that, at a
minimum, protect the safety of the child and provide for criminal records
checks; and
`(B) apply the standards referred to in subparagraph (A) of this paragraph
to any such relative foster care provider to whom funds are paid pursuant
to section 472 or part B in lieu of the standards that would otherwise
apply to a foster family home.'.
SEC. 203. APPLICATION OF STANDARDS TO ALL CHILDREN.
Section 471(a)(10) of the Social Security Act (42 U.S.C. 671(a)(10)) is amended
by striking `receiving funds under this part or part B of this title' and
inserting `caring for a child who is in the custody of the State'.
TITLE III--SUPPORTING A QUALIFIED CHILD WELFARE WORKFORCE
SEC. 301. 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. 441. 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.
`(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 intends to expend funds
provided under this part to improve the performance of the State in such
indicators set forth in paragraph (2) as the State may select.
`(B) BASELINE DATA- The data described by each indicator selected by the
State under paragraph (1), 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.
`(D) ASSURANCE- An assurance that the State will submit to the Secretary
reports on annual expenditures of the funds, and the effects of the expenditures
on improving the performance described in subparagraph (A).
`(2) INDICATORS- The indicators set forth in this paragraph are the following:
`(A) 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.
`(B) The average rate at which supervisory child welfare workers left
employment, and at which nonsupervisory child welfare workers left employment.
`(C) The average duration of employment of supervisory child welfare workers
and of nonsupervisory child welfare workers.
`(D) 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.
`(E) The average number of staff for whom supervisory child welfare workers
are responsible.
`(F) The range and scope of training opportunities, including numbers
and percentage of supervisory child welfare staff and of nonsupervisory
child welfare staff engaged in training programs.
`(3) 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.
`(4) CONSIDERATION- The Secretary may disapprove an application submitted
pursuant to this subsection if--
`(A) the application describes a method by which the State intends to
expend funds using a method that is substantially similar to a specific
method used by the State to expend funds pursuant to the State plan approved
under this part in not less than 2 of the 5 most recently preceding fiscal
years; and
`(B) the prior spending failed to result in meaningful progress in improving
the performance of the State in the indicators selected by the State pursuant
to paragraph (1)(A).
`(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 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
1 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.
`(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.
`(1) IN GENERAL- A State to which a grant is made under this section shall
use the grant in accordance with the approved application for the grant.
`(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) NONSUPPLANTATION- 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).
`(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.
`(1) IN GENERAL- Not later than September 30, 2009, 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) FINAL REPORT- Not later than September 30, 2010, 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, representatives of the child welfare workforce, and advocates
for children and families, governing how to obtain baseline data for each
indicator set forth in subsection (b)(2).
`(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 $200,000,000 for each of fiscal years 2009 through 2013 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. 302. 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 or relative guardians,
or 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 or adopted children,
or children residing permanently with a relative guardian, on behalf
of whom assistance is provided pursuant to 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; and
`(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,
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 and children
residing permanently with a relative guardian, whether incurred directly
by the State or by contract;'.
TITLE IV--CONNECTING CHILDREN TO SUPPORT, FAMILY, HEALTH CARE, AND SCHOOL
Subtitle A--Connection to Support
SEC. 401. STATE OPTION FOR CHILDREN IN FOSTER CARE AFTER ATTAINING AGE 18.
(a) Definition of Child- Section 475 of the Social Security Act (42 U.S.C.
675) is amended by adding at the end the following:
`(8)(A) Subject to subparagraph (B), the term `child' means an individual
who has not attained 18 years of age.
`(B) At the option of a State, such term shall include an individual in
foster care under the responsibility of the State who--
`(i) has attained 18 years of age; and
`(ii) has not attained 19, 20, or 21 years of age, as the State may elect.'.
(b) Conforming Amendment to Definition of Child-Care Institution- Section
472(c)(2) of such Act (42 U.S.C. 672(c)(2)) is amended by inserting `, except,
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' before
the period.
(c) Effective Date- The amendments made by this section take effect on October
1, 2008.
Subtitle B--Connections to Family
SEC. 411. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR CHILDREN.
(a) State Plan Option- Section 471(a) of the Social Security Act (42 U.S.C.
671(a)), as amended by section 101(a) of this Act, is amended--
(1) by striking `and' at the end of paragraph (27);
(2) by striking the period at the end of paragraph (28) and inserting `;
and'; and
(3) by adding at the end the following:
`(29) at the option of the State, provides for the State to enter into kinship
guardianship assistance agreements to provide kinship guardianship assistance
payments on behalf of children to grandparents and other relatives who have
assumed legal guardianship of the children for whom they have cared as foster
parents and for whom they have committed to care for on a permanent basis,
as provided in section 473(d).'.
(b) In General- Section 473 of such Act (42 U.S.C. 673) is amended by adding
at the end the following:
`(d) Kinship Guardianship Assistance Payments for Children-
`(1) KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT-
`(A) IN GENERAL- In order to receive payments under section 474(a)(6),
a State shall--
`(i) negotiate and enter into a written, binding kinship guardianship
assistance agreement with the prospective relative guardian of a child
who meets the requirements of this paragraph;
`(ii) provide the prospective relative guardian with a copy of the agreement;
and
`(iii) certify that any child on whose behalf kinship guardianship assistance
payments are made under the agreement shall be provided medical assistance
under title XIX in accordance with section 1902(a)(10)(A)(i)(I).
`(B) MINIMUM REQUIREMENTS- The agreement shall specify, at a minimum--
`(i) the amount of, and manner in which, each kinship guardianship assistance
payment will be provided under the agreement;
`(ii) the additional services and assistance that the child and relative
guardian will be eligible for under the agreement;
`(iii) the procedure by which the relative guardian may apply for additional
services as needed, provided the agency and relative guardian agree
on the additional services as specified in the case plan; and
`(iv) subject to subparagraph (D), that the State will pay the total
cost of nonrecurring expenses associated with obtaining legal guardianship
of the child.
`(C) INTERSTATE APPLICATION- The agreement shall provide--
`(i) that the agreement shall remain in effect without regard to the
State residency of the kinship guardian; and
`(ii) for the protection of the interests of the child in any case where
the kinship guardian and the child move to another State while the agreement
is in effect.
`(D) NO EFFECT ON FEDERAL REIMBURSEMENT- Nothing in subparagraph (B)(iv)
shall be construed as affecting the ability of the State to obtain reimbursement
from the Federal Government for costs described in that subparagraph.
`(2) KINSHIP GUARDIANSHIP ASSISTANCE PAYMENT-
`(A) IN GENERAL- The kinship guardianship assistance payment shall be
based on consideration of the needs of the relative guardian and of the
child and shall be at least equal to the amount of the foster care maintenance
payment for which the child would have been eligible if the child had
remained in foster care, or, at State option, the amount of the adoption
assistance payment for which the child would have been eligible if the
child had been adopted. The payment may be readjusted periodically based
on relevant changes in such needs.
`(i) IN GENERAL- Except as provided in clause (ii), no kinship guardianship
assistance payment may be made to a relative guardian for any child
who has attained 18 years of age.
`(ii) EXCEPTIONS- At the option of the State, a kinship guardianship
assistance payment may be made to a relative guardian with respect to
a child who elects to remain in the care of the guardian until the child
attains 21 years of age.
`(3) Child's ELIGIBILITY FOR A KINSHIP GUARDIANSHIP ASSISTANCE PAYMENT-
`(A) IN GENERAL- A child is eligible for a kinship guardianship assistance
payment under this subsection if the State agency determines the following:
`(i) The child has been--
`(I) removed from his or her home pursuant to a voluntary placement
agreement or as a result of a judicial determination to the effect
that continuation in the home would be contrary to the welfare of
the child;
`(II) under the care of the State agency for the 12-month period ending
on the date of the agency determination; and
`(III) eligible for foster care maintenance payments under section
472.
`(ii) Being returned home or adopted are not appropriate permanency
options for the child.
`(iii) The child demonstrates a strong attachment to the prospective
relative guardian and the relative guardian has a strong commitment
to caring permanently for the child.
`(iv) With respect to a child who has attained 14 years of age, the
child has been consulted regarding the kinship guardianship arrangement.
`(B) TREATMENT OF SIBLINGS- With respect to a child described in subparagraph
(A) whose sibling or siblings are not so described--
`(i) the child and any sibling of the child may be placed in the same
kinship guardianship arrangement if the State agency and the relative
agree on the appropriateness of the arrangement for the siblings; and
`(ii) kinship guardianship assistance payments may be paid for the child
and each sibling so placed.'.
(c) Conforming Amendments-
(1) STATE PLAN REQUIREMENT-
(A) IN GENERAL- Section 471(a)(20) of such Act (42 U.S.C. 671(a)(20))
is amended--
(i) by adding `and' at the end of subparagraph (C); and
(ii) by adding at the end the following:
`(D) provides procedures for criminal records checks, including fingerprint-based
checks of national crime information databases (as defined in section
534(e)(3)(A) of title 28, United States Code), for any relative guardian
before the relative guardian may be finally approved for placement of
a child regardless of whether kinship guardianship assistance payments
are to be made on behalf of the child under the State plan under this
part;'.
(B) REDESIGNATION OF NEW PROVISION AFTER AMENDMENT MADE BY PRIOR LAW TAKES
EFFECT-
(i) IN GENERAL- Section 471(a)(20) of the Social Security Act (42 U.S.C.
671(a)(20)) is amended by redesignating subparagraph (D) as subparagraph
(C).
(ii) EFFECTIVE DATE- The amendment made by clause (i) shall take effect
immediately after the amendments made by section 152 of Public Law 109-248
take effect.
(2) PAYMENTS TO STATES- Section 474(a) of such Act (42 U.S.C. 674(a)) is
amended--
(A) by striking the period at the end and inserting `; plus'; and
(B) by adding at the end the following:
`(6) an amount equal to the percentage by which the expenditures referred
to in paragraph (2) are reimbursed (after applying the reduction required
by subsection (h)(2)(A) of this section) of the total amount expended during
such quarter as kinship guardianship assistance payments under section 473(d)
pursuant to kinship guardianship assistance agreements.'.
(3) DEFINITIONS- Section 475(1) of such Act (42 U.S.C. 675(1)) is amended
by adding at the end the following:
`(F) In the case of a child with respect to whom the permanency plan is
placement with a relative and receipt of kinship guardianship assistance
payments under section 473(d), a description of--
`(i) the steps that the agency has taken to determine that it is not
appropriate for the child to be returned home or adopted;
`(ii) the reasons why a permanent placement with a fit and willing relative
through a kinship guardianship assistance arrangement is in the child's
best interests;
`(iii) the ways in which the child meets the eligibility requirements
for a kinship guardianship assistance payment;
`(iv) the efforts the agency has made to discuss adoption by the child's
relative foster parent as a more permanent alternative to legal guardianship
and, in the case of a relative foster parent who has chosen not to pursue
adoption, documentation of the reasons therefor; and
`(v) the efforts made by the State agency to secure the consent of the
child's parent or parents to the kinship guardianship assistance arrangement,
or the reasons why the efforts were not made.'.
SEC. 412. FAMILY CONNECTION GRANTS.
Part B of title IV of the Social Security Act (42 U.S.C. 620-629i), as amended
by section 301 of this Act, is amended by adding at the end the following:
`Subpart 4--Family Connection Grants
`SEC. 445. FAMILY CONNECTION GRANTS.
`(a) In General- The Secretary of Health and Human Services may make matching
grants to State, local, or tribal child welfare agencies, and private nonprofit
organizations that have experience in working with foster children or children
in kinship care arrangements, for the purpose of helping children who are
in, or at risk of entering, foster care reconnect with family members through
the implementation of--
`(1) kinship navigator programs designed to assist kinship care givers in
navigating their way through programs and services, and to help the care
givers learn about and obtain assistance to meet the needs of the children
they are raising and their own needs;
`(2) intensive family-finding efforts that utilize search technology to
find biological family members for children in the child welfare system,
and once identified, work to reestablish relationships and explore ways
to find a permanent family placement for the children; or
`(3) family group decision-making meetings for children in the child welfare
system that engage and empower families to make decisions and develop plans
that protect and nurture children from enduring further abuse and neglect.
`(b) Applications- An entity desiring to receive a matching grant under this
section shall submit to the Secretary an application, at such time, in such
manner, and containing such information as the Secretary may require, including--
`(1) a description of how the grant will be used to implement 1 or more
of the activities described in subsection (a);
`(2) a description of the types of children and families to be served, including
how the children and families will be identified and recruited, and an initial
projection of the number of children and families to be served;
`(3) if the entity is a private organization, documentation of support from
the relevant local or State child welfare agency;
`(4) an assurance that the entity will cooperate fully with any evaluation
provided for by the Secretary under this section; and
`(5) a commitment by the applicant that, if a grant is awarded to the applicant
under this section for a period of--
`(A) 2 years, the applicant will expend from non-Federal sources, for
the activities for which the grant is awarded, in the 2nd year of the
grant period, an amount equal to not less than 1/3 of the amount of the
grant payment received by the applicant under this section for that year;
or
`(B) 3 years, the applicant will expend, from non-Federal sources, for
the activities which the grant is awarded--
`(i) in the 2nd year of the grant period, an amount equal to not less
than 1/3 of the grant payment received by the applicant under this section
for that year; and
`(ii) in the 3rd year of the grant period, an amount equal to the grant
payment received by the applicant under this section for that year.
`(1) GRANT DURATION- The Secretary may award a grant under this section
for a period of not less than 1 year and not more than 3 years.
`(2) NUMBER OF GRANT PAYMENTS PER YEAR- The aggregate number of payments
the Secretary may make in a fiscal year to all grantees under this section
shall not exceed 20.
`(d) Federal Contribution- The amount of a grant payment to be made to a grantee
under this section during each year in the grant period shall be the following
percentage of the grant amount approved by the Secretary:
`(1) 100 percent, if the payment is for the 1st year of the grant period.
`(2) 75 percent, if the payment is for the 2nd year of the grant period.
`(3) 50 percent, if the payment is for the 3rd year of the grant period.
`(e) Form of Grantee Contribution- A grantee under this section may provide
not more than 50 percent of the amount which the grantee is required to expend
to carry out the activities for which a grant is awarded under this section
in kind, fairly evaluated, including plant, equipment, or services.
`(f) Use of Grant- A grantee under this section shall use the grant in accordance
with the approved application for the grant.
`(g) Reservations of Funds-
`(1) EVALUATION- The Secretary shall reserve 3 percent of the funds made
available under subsection (h) for each fiscal year for the conduct of a
rigorous evaluation of the activities funded with grants under this section.
`(2) TECHNICAL ASSISTANCE- The Secretary may reserve 2 percent of the funds
made available under subsection (h) for each fiscal year to provide technical
assistance to recipients of grants under this section.
`(h) Limitations on Authorization of Appropriations- To carry out this section,
there are authorized to be appropriated to the Secretary not more than $50,000,000
for each of fiscal years 2009 through 2013.'.
SEC. 413. INFORMATION ON ADOPTION TAX CREDIT.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as amended by
sections 101(a) and 411(a) of this Act, is amended--
(1) by striking `and' at the end of paragraph (28);
(2) by striking the period at the end of paragraph (29) and inserting `;
and'; and
(3) by adding at the end the following:
`(30) provides that the State will inform any individual who is adopting,
or whom the State is made aware is considering adopting, a child who is
in foster care under the responsibility of the State of the potential eligibility
of the individual for a Federal tax credit (under section 23 of the Internal
Revenue Code) without the need to document any adoption-related expenses.'.
SEC. 414. ADOPTION INCENTIVES PROGRAM.
(a) 5-Year Extension- Section 473A of the Social Security Act (42 U.S.C. 673b)
is amended--
(1) in subsection (b)(4), by striking `in the case of fiscal years 2001
through 2007,';
(2) in subsection (b)(5), by striking `1998 through 2007' and inserting
`2008 through 2012';
(3) in subsection (c)(2), by striking `each of fiscal years 2002 through
2007' and inserting `a fiscal year'; and
(4) in each of subsections (h)(1)(D), and (h)(2), by striking `2008' and
inserting `2013'.
(b) Updating of Fiscal Year Used in Determining Base Numbers of Adoptions-
Section 473A(g) of such Act (42 U.S.C. 673b(g)) is amended--
(1) in paragraph (3), by striking `means' and all that follows and inserting
`means, with respect to any fiscal year, the number of foster child adoptions
in the State in fiscal year 2007.';
(A) by inserting `that are not older child adoptions' before `for a State';
and
(B) by striking `means' and all that follows and inserting `means, with
respect to any fiscal year, the number of special needs adoptions that
are not older adoptions in the State in fiscal year 2007.'; and
(3) in paragraph (5), by striking `means' and all that follows and inserting
`means, with respect to any fiscal year, the number of older child adoptions
in the State in fiscal year 2007.'.
(c) Increase in Incentive Payments for Special Needs Adoptions and Older Child
Adoptions- Section 473A(d)(1) of such Act (42 U.S.C. 673b(d)(1)) is amended--
(1) in subparagraph (B), by striking `$2,000' and inserting `$4,000'; and
(2) in subparagraph (C), by striking `$4,000' and inserting `$8,000'.
(d) Incentive Payments for Guardianship Placements-
(1) ADDITIONAL AVENUE FOR ELIGIBILITY FOR PAYMENTS- Section 473A(b)(2) of
such Act (42 U.S.C. 673b(b)(2)) is amended--
(A) by striking `or' at the end of subparagraph (A);
(B) by adding `or' at the end of subparagraph (B); and
(C) by adding at the end the following:
`(C) the number of guardianship placements in the State during the fiscal
year exceeds the base number of guardianship placements in the State for
the fiscal year;'.
(2) AMOUNT OF PAYMENT- Section 473A(d)(1) of such Act (42 U.S.C. 673b(d)(1))
is amended--
(A) by striking `and' at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph (C) and inserting
`; and'; and
(C) by adding at the end the following:
`(D) $4,000, multiplied by the amount (if any) by which the number of
guardianship placements in the State during the fiscal year exceeds the
base number of guardianship placements for the State for the fiscal year.'.
(3) DEFINITIONS- Section 473A(g) of such Act (42 U.S.C. 673b(g)) is amended
by adding at the end the following:
`(7) GUARDIANSHIP PLACEMENT- The term `guardianship placement' means the
placement of a child from foster care under the responsibility of a State
into a legal guardianship.
`(8) BASE NUMBER OF GUARDIANSHIP PLACEMENTS- The term `base number of guardianship
placements for a State' means, with respect to any fiscal year, the number
of guardianship placements in the State in fiscal year 2007.'.
SEC. 415. SIBLING PLACEMENT.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as amended by
sections 101(a), 411(a), and 413 of this Act, is amended--
(1) by striking `and' at the end of paragraph (29);
(2) by striking the period at the end of paragraph (30) and inserting `;
and'; and
(3) by adding at the end the following:
`(31) provides that reasonable efforts shall be made to place siblings removed
from their home in the same foster care placement unless the State documents
that such a joint placement would be contrary to the safety or well-being
of any of the siblings.'.
Subtitle C--Connections to Health Care
SEC. 421. HEALTH OVERSIGHT AND COORDINATION PLAN.
Section 422(b)(15) of the Social Security Act (42 U.S.C. 622(b)(15)) is amended
to read as follows:
`(15)(A) provides that the State will develop, in coordination and collaboration
with the State agency referred to in paragraph (1) and the State agency
responsible for administering the State plan approved under title XIX, and
in consultation with pediatricians, other experts in health care, and experts
in and recipients of child welfare services, a plan for the ongoing oversight
and coordination of health care services for any child in a foster care
placement, which shall ensure a coordinated strategy to identify and respond
to the health care needs of children in foster care placements, including
mental health and dental health needs, and shall include an outline of--
`(i) a schedule for initial and follow-up health screenings that meet
reasonable standards of medical practice;
`(ii) how health needs identified through screenings will be monitored
and treated;
`(iii) how medical information for children in care will be updated and
appropriately shared, which may include the development and implementation
of an electronic health record;
`(iv) steps to ensure continuity of health care services, which may include
the establishment of a medical home for every child in care;
`(v) the oversight of prescription medicines; and
`(vi) how the State actively consults with and involves physicians or
other appropriate medical professionals in assessing the health and well-being
of children in foster care and in determining appropriate medical treatment
for the children; and
`(B) subparagraph (A) shall not be construed to reduce or limit the responsibility
of the State agency responsible for administering the State plan approved
under title XIX to provide care and services for children with respect to
whom services are provided under the State plan developed pursuant to this
subpart;'.
Subtitle D--Connections to School
SEC. 431. EDUCATIONAL STABILITY.
Section 475 of the Social Security Act (42 U.S.C. 675) is amended--
(A) in subparagraph (C), by striking clause (iv) and redesignating clauses
(v) through (viii) as clauses (iv) through (vii), respectively; and
(B) by adding at the end the following:
`(F) A plan for ensuring the educational stability of the child while
in foster care, including--
`(i) assurances that the placement of the child in foster care takes
into account proximity to the school in which the child is enrolled
at the time of placement; and
`(ii)(I) a discussion of the efforts of the State agency to coordinate
with appropriate local educational agencies (as defined under section
9101 of the Elementary and Secondary Education Act of 1965) to ensure
that the child remain in the school in which the child is enrolled at
the time of placement; or
`(II) if remaining in such school is not in the best interests of the
child, a discussion of efforts to coordinate with the educational agencies
to ensure immediate enrollment in a new school.'; and
(2) in the 1st sentence of paragraph (4)(A)--
(A) by striking `and reasonable' and inserting `reasonable'; and
(B) by inserting `, and reasonable travel for the child to remain in the
school in which the child is enrolled at the time of placement' before
the period.
END
