To improve protections for children and to hold States accountable for the orderly and timely placement of children across State lines, and for other purposes.

June 3, 2004

Mr. DELAY (for himself, Mr. HERGER, Mr. CRAMER, Ms. PRYCE of Ohio, Mrs. JOHNSON of Connecticut, Mr. CAMP, Mr. LEWIS of Kentucky, Mr. TOM DAVIS of Virginia, Mr. CARDOZA, Mr. MURPHY, and Ms. NORTON) introduced the following bill; which was referred to the Committee on Ways and Means

To improve protections for children and to hold States accountable for the orderly and timely placement of children across State lines, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `Orderly and Timely Interstate Placement of Foster Children Act of 2004'.

SEC. 2. SENSE OF THE CONGRESS.

(a) Finding- The Congress finds that the Interstate Compact on the Placement of Children (ICPC) was drafted more than 40 years ago, is outdated, and is a barrier to the timely placement of children across State lines.

(b) Sense of the Congress- It is the sense of the Congress that the States should expeditiously revise the ICPC to better serve the interests of children and reduce unnecessary work, and that the revision should include--

(1) limiting its applicability to children in foster care under the responsibility of a State, except those seeking placement in a residential facility primarily to access clinical mental health services; and

(2) providing for deadlines for the completion and approval of home studies as set forth in section 4.

SEC. 3. ORDERLY AND TIMELY PROCESS FOR INTERSTATE PLACEMENT OF CHILDREN.

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 (23);

(2) by striking the period at the end of paragraph (24) and inserting `; and'; and

(3) by adding at the end the following:

`(25) provide that the State shall have in effect procedures for the orderly and timely interstate placement of children; and procedures implemented in accordance with an interstate compact approved by the Secretary, if incorporating with the procedures prescribed by paragraph (26), shall be considered to satisfy the requirement of this paragraph.'.

SEC. 4. HOME STUDIES.

(a) Orderly Process-

(1) IN GENERAL- Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is further amended--

(A) by striking `and' at the end of paragraph (24);

(B) by striking the period at the end of paragraph (25) and inserting `; and'; and

(C) by adding at the end the following:

`(26) provides that--

`(A) within 60 days after the State receives from another State a request to conduct a study of a home environment for purposes of assessing the appropriateness of placing a child in the home, the State shall, directly or by contract--

`(i) conduct and complete the study; and

`(ii) return to the other State a report on the results of the study, which shall address the extent to which placement in the home would meet the needs of the child;

`(B) the State shall treat any report described in subparagraph (A) that is received from another State (or from a private agency under contract with another State) as meeting any requirements imposed by the State for the completion of a home study before placing a child in the home, unless, within 7 days after receipt of the report, the State determines, based on grounds that are specific to the content of the report, that making a decision in reliance on the report would be contrary to the welfare of the child; and

`(C) the State shall not impose any restriction on the ability of a State agency administering, or supervising the administration of, a State program operated under a State plan approved under this part to contract with a private agency for the conduct of a home study described in subparagraph (A). '.

(2) SENSE OF THE CONGRESS- It is the sense of the Congress that each State should--

(A) use private agencies to conduct home studies when doing so is necessary to meet the requirements of section 471(a)(26) of the Social Security Act; and

(B) give full faith and credit to any home study report completed by any other State with respect to the placement of a child in foster care or for adoption.

(b) Timely Interstate Home Study Incentive Payments- Part E of title IV of the Social Security Act (42 U.S.C. 670-679b) is amended by inserting after section 473A the following:

`SEC. 473B. TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS.

`(a) Grant Authority- The Secretary shall make a grant to each State that is a home study incentive-eligible State for a fiscal year in an amount equal to the timely interstate home study incentive payment payable to the State under this section for the fiscal year, which shall be payable in the immediately succeeding fiscal year.

`(b) Home Study Incentive-Eligible State- A State is a home study incentive-eligible State for a fiscal year if--

`(1) the State has a plan approved under this part for the fiscal year;

`(2) the State is in compliance with subsection (c) for the fiscal year; and

`(3) based on data submitted and verified pursuant to subsection (c), the State has completed a timely interstate home study during the fiscal year.

`(c) Data Requirements-

`(1) IN GENERAL- A State is in compliance with this subsection for a fiscal year if the State has provided to the Secretary a written report, covering the preceding fiscal year, that specifies--

`(A) the total number of interstate home studies requested by the State with respect to children in foster care under the responsibility of the State, and with respect to each such study, the identity of the other State involved; and

`(B) the total number of timely interstate home studies completed by the State with respect to children in foster care under the responsibility of other States, and with respect to each such study, the identity of the other State involved.

`(2) VERIFICATION OF DATA- In determining the number of timely interstate home studies to be attributed to a State under this section, the Secretary shall check the data provided by the State under paragraph (1) against complementary data so provided by other States.

`(d) Timely Interstate Home Study Incentive Payments-

`(1) IN GENERAL- Except as provided in paragraph (2) of this subsection, the timely interstate home study incentive payment payable to a State for a fiscal year shall be $1,000, multiplied by the number of timely interstate home studies attributed to the State under this section during the fiscal year.

`(2) PRO RATA ADJUSTMENT IF INSUFFICIENT FUNDS AVAILABLE- If the total amount of timely interstate home study incentive payments otherwise payable under this section for a fiscal year exceeds the total of the amounts made available pursuant to subsection (h) for the fiscal year, the amount of each such otherwise payable incentive payment shall be reduced by a percentage equal to--

`(A) the total of the amounts so made available; divided by

`(B) the total of such otherwise payable incentive payments.

`(e) 2-Year Availability of Incentive Payments- Payments to a State under this section in a fiscal year shall remain available for use by the State through the end of the next fiscal year.

`(f) Limitations on Use of Incentive Payments- A State shall not expend an amount paid to the State under this section except to provide to children or families any service (including post-adoption services) that may be provided under part B or E. Amounts expended by a State in accordance with the preceding sentence shall be disregarded in determining State expenditures for purposes of Federal matching payments under sections 423, 434, and 474.

`(g) Definitions- In this section:

`(1) HOME STUDY- The term `home study' means a study of a home environment, conducted in accordance with applicable requirements of the State in which the home is located, for the purpose of assessing whether placement of a child in the home would be appropriate for the child.

`(2) INTERSTATE HOME STUDY- The term `interstate home study' means a home study conducted by a State at the request of another State, to facilitate an adoptive or relative placement in the State.

`(3) TIMELY INTERSTATE HOME STUDY- The term `timely interstate home study' means an interstate home study completed by a State if the State provides to the State that requested the study, within 30 days after receipt of the request, a report on the results of the study.

`(h) Limitations on Authorization of Appropriations-

`(1) IN GENERAL- For grants under subsection (a), there are authorized to be appropriated to the Secretary $10,000,000 for fiscal year 2005.

`(2) AVAILABILITY- Amounts appropriated under paragraph (1) are authorized to remain available until expended.'.

(c) Repealer- Effective October 1, 2008, section 473B of the Social Security Act is repealed.

SEC. 5. REQUIREMENT TO CHECK CHILD ABUSE REGISTRIES; OPT-OUT ELIMINATED.

Section 471(a)(20) of the Social Security Act (42 U.S.C. 671(a)(20)) is amended--

(1) in subparagraph (A), by striking `unless an election provided for in subparagraph (B) is made with respect to the State,'; and

(2) by striking subparagraph (B) and inserting the following:

`(B) provides that the State shall--

`(i) check any child abuse and neglect registry maintained by the State for information on any prospective foster or adoptive parent and on any other adult living in the home of such a prospective parent, and request any other State in which any such prospective parent or other adult has resided in the preceding 5 years, to enable the State to check any child abuse and neglect registry maintained by such other State for such information, before the prospective foster or adoptive parent may be finally approved for placement of a child, regardless of whether foster care maintenance payments or adoption assistance payments are to be made on behalf of the child under the State plan under this part;

`(ii) comply with any request described in clause (i) that is received from another State; and

`(iii) have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the State, and to prevent any such information obtained pursuant to this subparagraph from being used for a purpose other than the conducting of background checks in foster or adoptive placement cases;'.

SEC. 6. COURTS ALLOWED ACCESS TO THE FEDERAL PARENT LOCATOR SERVICE TO LOCATE PARENTS IN FOSTER CARE OR ADOPTIVE PLACEMENT CASES.

Section 453(c) of the Social Security Act (42 U.S.C. 653(c)) is amended--

(1) by striking `and' at the end of paragraph (3);

(2) by striking the period and inserting `; and'; and

(3) by adding at the end the following:

`(5) any court which has authority with respect to the placement of a child in foster care or for adoption, but only for the purpose of locating a parent of the child.'.

SEC. 7. CASEWORKER VISITS.

(a) Purchase of Services in Interstate Placement Cases- Section 475(5)(A)(ii) of the Social Security Act (42 U.S.C. 675(5)(A)(ii)) is amended by striking `or of the State in which the child has been placed' and inserting `of the State in which the child has been placed, or of a private agency under contract with either such State'.

(b) Increased Visits- Section 475(5)(A)(ii) of such Act (42 U.S.C. 675(5)(A)(ii)) is amended by striking `12' and inserting `6'.

SEC. 8. HEALTH AND EDUCATION RECORDS.

Section 475 of the Social Security Act (42 U.S.C. 675) is amended--

(1) in paragraph (1)(C)--

(A) by striking `To the extent available and accessible, the' and inserting `The'; and

(B) by inserting `the most recent information available regarding' after `including'; and

(2) in paragraph (5)(D)--

(A) by inserting `a copy of the record is' before `supplied'; and

(B) by inserting `, and is supplied to the child at the time the child leaves foster care if the child is leaving foster care by reason of having attained the age of majority under State law' before the semicolon.

SEC. 9. RIGHT TO BE HEARD IN FOSTER CARE PROCEEDINGS.

(a) In General- Section 475(5)(G) of the Social Security Act (42 U.S.C. 675(5)(G)) is amended--

(1) by striking `an opportunity' and inserting `a right';

(2) by striking `and opportunity' and inserting `and right'; and

(3) by striking `review or hearing' each place it appears and inserting `proceeding'.

(b) Notice of Proceeding- Section 438(b) of such Act (42 U.S.C. 638(b)) is amended by inserting `shall have in effect a rule requiring State courts to notify foster parents, pre-adoptive parents, and relative caregivers of a child in foster care under the responsibility of the State of any proceeding to be held with respect to the child, and' after `highest State court'.

SEC. 10. REASONABLE EFFORTS.

(a) In General- Section 471(a)(15)(C) of the Social Security Act (42 U.S.C. 671(a)(15)(C)) is amended by inserting `(including, if appropriate, through an interstate placement)' after `accordance with the permanency plan'.

(b) Permanency Hearing- Section 471(a)(15)(E)(i) of such Act (42 U.S.C. 671(a)(15)(E)(i)) is amended by inserting `, which considers in-State and out-of-State permanent placement options for the child,' before `shall'.

(c) Concurrent Planning- Section 471(a)(15)(F) of such Act (42 U.S.C. 671(a)(15)(F)) is amended by inserting `, including identifying appropriate out-of-State relatives and placements' before `may'.

SEC. 11. CASE PLANS.

Section 475(1)(E) of the Social Security Act (42 U.S.C. 675(1)(E)) is amended by inserting `to facilitate orderly and timely interstate placements' before the period.

SEC. 12. CASE REVIEW SYSTEM.

Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C) is amended--

(1) by inserting `, in the case of a child who will not be returned to the parent, the hearing shall consider in-State and out-of-State placement options,' after `living arrangement'; and

(2) by inserting `the hearing shall determine' before `whether the'.

SEC. 13. USE OF INTERJURISDICTIONAL RESOURCES.

Section 422(b)(12) of the Social Security Act (42 U.S.C. 622(b)(12)) is amended--

(1) by striking `develop plans for the' and inserting `make';

(2) by inserting `(including through contracts for the purchase of services)' after `resources'; and

(3) by inserting `, and shall eliminate legal barriers,' before `to facilitate'.

SEC. 14. GAO STUDY ON CHILD WELFARE BACKGROUND CHECKS.

(a) Study- The Comptroller General of the United States shall conduct a study of background checks that are performed for the purpose of determining the appropriateness of placing in a foster or adoptive home a child who is under the custody of a State. The study shall review the policies and practices of States in order to--

(1) identify the most common delays in the background clearance process and where in the process the delays occur;

(2) describe when background checks are initiated;

(3) determine which of local, State, or Federal (such as FBI) background checks are used, how long it takes, on average, for each kind of check to be processed, which crimes or other events are included in each kind of check, how the States differ in classifying the crimes and other events checked, and how the information revealed by the checks is used in determining eligibility to act as a foster or adoptive parent;

(4) examine the barriers child welfare agencies face in accessing criminal background check information;

(5) examine the use of the latest information-sharing technology, including electronic fingerprinting and participation in the Integrated Automated Fingerprinting Information System;

(6) identify the varied uses of such technology for child welfare purposes as opposed to criminal justice purposes; and

(7) recommend best practices that can increase the speed, efficiency, and accuracy of child welfare background checks at all levels of government.

(b) Report to the Congress- Within 12 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Ways and Means and on Education and the Workforce of the House of Representatives and the Committees on Finance and on Health, Education, Labor, and Pensions of the Senate a report which contains the results of the study required by subsection (a).

SEC. 15. EFFECTIVE DATE.

(a) In General- Except as provided in subsection (b), the amendments made by this Act shall take effect on October 1, 2004, and shall apply to payments under parts B and E of title IV of the Social Security Act for calendar quarters beginning on or after such date, without regard to whether regulations to implement the amendments are promulgated by such date.

(b) Delay Permitted If State Legislation Required- If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under part B or E of title IV of the Social Security Act to meet the additional requirements imposed by the amendments made by this Act, the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

END