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Introduced in Senate (03/13/2003)

 
[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[S. 614 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 614

  To amend part B of title IV of the Social Security Act to create a 
  grant program to promote joint activities among Federal, State, and 
 local public child welfare and alcohol and drug abuse prevention and 
                          treatment agencies.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 13, 2003

  Ms. Snowe (for herself, Mr. Rockefeller, Mr. DeWine, Mr. Dodd, Ms. 
 Collins, Ms. Cantwell, Ms. Landrieu, Mrs. Lincoln, and Mr. Bingaman) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend part B of title IV of the Social Security Act to create a 
  grant program to promote joint activities among Federal, State, and 
 local public child welfare and alcohol and drug abuse prevention and 
                          treatment agencies.

    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/Alcohol and Drug 
Partnership Act of 2003''.

SEC. 2. CHILD PROTECTION/ALCOHOL AND DRUG PARTNERSHIPS FOR CHILDREN.

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

    ``Subpart 3--Child Protection/Alcohol and Drug Partnerships For 
                                Children

``SEC. 440. DEFINITIONS.

    ``In this subpart:
            ``(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 such group's 
        designee.
            ``(2) Administrative costs.--
                    ``(A) In general.--The term `administrative costs' 
                means the costs for the general administration of 
                administrative activities, including contract costs and 
                all overhead costs.
                    ``(B) Exclusion.--Such term does not include the 
                direct costs of providing services and costs related to 
                case management, training, technical assistance, 
                evaluation, establishment, and operation of information 
                systems, and such other similar costs that are also an 
                integral part of service delivery.
            ``(3) Eligible state.--The term `eligible State' means a 
        State that submits a joint application from the State agencies 
        that--
                    ``(A) includes a plan that meets the requirements 
                of section 442; and
                    ``(B) is approved by the Secretary for a 5-year 
                period after consultation with the Assistant Secretary 
                for the Administration for Children and Families and 
                the Administrator of the Substance Abuse and Mental 
                Health Services Administration.
            ``(4) 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.
            ``(5) State.--
                    ``(A) In general.--The term `State' means each of 
                the 50 States, the District of Columbia, and the 
                territories described in subparagraph (B).
                    ``(B) Territories.--
                            ``(i) In general.--The territories 
                        described in this subparagraph are Puerto Rico, 
                        Guam, the United States Virgin Islands, 
                        American Samoa, and the Northern Mariana 
                        Islands.
                            ``(ii) Authority to modify requirements.--
                        The Secretary may modify the requirements of 
                        this subpart with respect to a territory 
                        described in clause (i) to the extent necessary 
                        to allow such a territory to conduct activities 
                        through funds provided under a grant made under 
                        this subpart.
            ``(6) State agencies.--The term `State agencies' means the 
        State child welfare agency and the unit of State government 
        responsible for the administration of the substance abuse 
        prevention and treatment block grant provided under subpart II 
        of part B of title XIX of the Public Health Service Act (42 
        U.S.C. 300x-21 et seq.).
            ``(7) Tribal organization.--The term `tribal organization' 
        means the recognized governing body of an Indian tribe.

``SEC. 441. GRANTS TO PROMOTE CHILD PROTECTION/ALCOHOL AND DRUG 
              PARTNERSHIPS FOR CHILDREN.

    ``(a) Authority To Award Grants.--The Secretary may award grants to 
eligible States and directly to Indian tribes in accordance with the 
requirements of this subpart for the purpose of promoting joint 
activities among Federal, State, and local public child welfare and 
alcohol and drug abuse prevention and treatment agencies (and among 
child welfare and alcohol and drug abuse prevention and treatment 
agencies that are providing services to children in Indian tribes) that 
focus on families with alcohol or drug abuse problems who come to the 
attention of the child welfare system and are designed to--
            ``(1) increase the capacity of both the child welfare 
        system and the alcohol and drug abuse prevention and treatment 
        system to address comprehensively and in a timely manner the 
        needs of such families to improve child safety, family 
        stability, and permanence; and
            ``(2) promote recovery from alcohol and drug abuse 
        problems.
    ``(b) Notification.--Not later than 60 days after the date a joint 
application is submitted by the State agencies or an application is 
submitted by an Indian tribe, the Secretary shall notify a State or 
Indian tribe that the application has been approved or disapproved.

``SEC. 442. PLAN REQUIREMENTS.

    ``(a) Contents.--Subject to subsection (c), the plan shall contain 
the following:
            ``(1) A detailed description of how the State agencies will 
        work jointly to implement a range of activities to meet the 
        alcohol and drug abuse prevention and treatment needs of 
        families who come to the attention of the child welfare system 
        and to promote child safety, permanence, and family stability.
            ``(2) An assurance that the heads of the State agencies 
        shall jointly administer the grant program funded under this 
        subpart and a description of how they will do so.
            ``(3) A description of the nature and extent of the problem 
        of alcohol and drug abuse among families who come to the 
        attention of the child welfare system in the State, and of any 
        plans being implemented to further identify and assess the 
        extent of the problem.
            ``(4) A description of any joint activities already being 
        undertaken by the State agencies in the State on behalf of 
        families with alcohol and drug abuse problems who come to the 
        attention of the child welfare system (including any existing 
        data on the impact of such joint activities) such as activities 
        relating to--
                    ``(A) the appropriate screening and assessment of 
                cases;
                    ``(B) consultation on cases involving alcohol and 
                drug abuse;
                    ``(C) arrangements for addressing confidentiality 
                and sharing of information;
                    ``(D) cross training of staff;
                    ``(E) co-location of services;
                    ``(F) support for comprehensive treatment programs 
                for parents and their children; and
                    ``(G) establishing priority of child welfare 
                families for assessment or treatment.
            ``(5)(A) A description of the joint activities to be funded 
        in whole or in part with the funds provided under the grant, 
        including the sequencing of the activities proposed to be 
        conducted under the 5-year funding cycle and the goals to be 
        achieved during such funding cycle. The activities and goals 
        shall be designed to improve the capacity of the State agencies 
        to work jointly to improve child safety, family stability, and 
        permanence for children whose families come to the attention of 
        the child welfare system and to promote their parents' recovery 
        from alcohol and drug abuse.
            ``(B) The description shall include a statement as to why 
        the State agencies chose the specified activities and goals.
            ``(6) A description as to whether and how the joint 
        activities described in paragraph (5), and other related 
        activities funded with Federal funds, will address some or all 
        of the following practices and procedures:
                    ``(A) Practices and procedures designed to 
                appropriately--
                            ``(i) identify alcohol and drug treatment 
                        needs;
                            ``(ii) assess such needs;
                            ``(iii) assess risks to the safety of a 
                        child and the need for permanency with respect 
                        to the placement of a child;
                            ``(iv) enroll families in appropriate 
                        services and treatment in their communities; 
                        and
                            ``(v) regularly assess the progress of 
                        families receiving such treatment.
                    ``(B) Practices and procedures designed to provide 
                comprehensive and timely individualized alcohol and 
                drug abuse prevention and treatment services for 
                families who come to the attention of the child welfare 
                system that include a range of options that are 
                available, accessible, and appropriate, and that may 
                include the following components:
                            ``(i) Preventive and early intervention 
                        services for children of parents with alcohol 
                        and drug abuse problems that integrate alcohol 
                        and drug abuse prevention services with mental 
                        health and domestic violence services, and that 
                        recognize the mental, emotional, and 
                        developmental problems the children may 
                        experience.
                            ``(ii) Prevention and early intervention 
                        services for parents at risk for alcohol and 
                        drug abuse problems.
                            ``(iii) Comprehensive home-based, 
                        outpatient, and residential treatment options.
                            ``(iv) After-care support (both formal and 
                        informal) for families in recovery that 
                        promotes child safety and family stability.
                            ``(v) Services and supports that focus on 
                        parents, parents with their children, parents' 
                        children, other family members, and parent-
                        child interaction.
                    ``(C) Elimination of existing barriers to treatment 
                and to child safety and permanence, such as 
                difficulties in sharing information among agencies and 
                differences between the values and treatment protocols 
                of the different agencies.
                    ``(D) Effective engagement and retention 
                strategies.
                    ``(E) Pre-service and in-service joint training of 
                management and staff of child welfare and alcohol and 
                drug abuse prevention and treatment agencies, and, 
                where appropriate, judges and other court staff, to--
                            ``(i) increase such individuals' awareness 
                        and understanding of alcohol and drug abuse and 
                        related child abuse and neglect;
                            ``(ii) more accurately identify and screen 
                        alcohol and drug abuse and child abuse in 
                        families;
                            ``(iii) improve assessment skills of both 
                        child abuse and alcohol and drug abuse staff, 
including skills to assess risk to children's safety;
                            ``(iv) increase staff knowledge of the 
                        services and resources that are available in 
                        such individuals' communities and appropriate 
                        for such families; and
                            ``(v) increase awareness of the importance 
                        of permanence for children and the timelines 
                        for decisionmaking regarding permanence in the 
                        child welfare system.
                    ``(F) Progress in enhancing the abilities of the 
                State agencies to improve the data systems of such 
                agencies in order to monitor the progress of families, 
                evaluate service and treatment outcomes, and determine 
                which approaches and activities are most effective.
                    ``(G) Evaluation strategies to demonstrate the 
                effectiveness of treatment and identify the aspects of 
                treatment that have the greatest impact on families in 
                different circumstances.
                    ``(H) Training and technical assistance to increase 
                the capacity within the State to carry out 1 or more of 
                the activities described in this paragraph or related 
                activities that are designed to expand prevention and 
                treatment services for, and staff training to assist 
                families with alcohol and drug abuse problems who come 
                to the attention of the child welfare system.
            ``(7) A description of the jurisdictions in the State 
        (including whether such jurisdictions are urban, suburban, or 
        rural) where the joint activities will be provided, and the 
        plans for expanding such activities to other parts of the State 
        during the 5-year funding cycle.
            ``(8) A description of the methods to be used in measuring 
        progress toward the goals identified under paragraph (5), 
        including how the State agencies will jointly measure their 
        performance in accordance with section 445, and how remaining 
        barriers to meeting the needs of families with alcohol or drug 
        abuse problems who come to the attention of the child welfare 
        system will be assessed.
            ``(9) A description of what input was obtained in the 
        development of the plan and the joint application from each of 
        the following groups of individuals, and the manner in which 
        each will continue to be involved in the proposed joint 
        activities:
                    ``(A) Staff who provide alcohol and drug abuse 
                prevention and treatment and related services to 
                families who come to the attention of the child welfare 
                system.
                    ``(B) Advocates for children and parents who come 
                to the attention of the child welfare and alcohol and 
                drug abuse prevention and treatment systems.
                    ``(C) Consumers of both child welfare and alcohol 
                and drug abuse prevention and treatment services.
                    ``(D) Direct service staff and supervisors from 
                public and private child welfare and alcohol and drug 
                abuse prevention and treatment agencies.
                    ``(E) Judges and court staff.
                    ``(F) Representatives of the State agencies and 
                private providers providing health, mental health, 
                domestic violence, housing, education, and employment 
                services.
                    ``(G) A representative of the State agency in 
                charge of administering the temporary assistance to 
                needy families program funded under part A of this 
                title.
            ``(10) An assurance of the coordination, to the extent 
        feasible and appropriate, of the activities funded under a 
        grant made under this subpart with the services or benefits 
        provided under other Federal or federally assisted programs 
        that serve families with alcohol and drug abuse problems who 
        come to the attention of the child welfare system, including 
        health, mental health, domestic violence, housing, and 
        employment programs, the temporary assistance to needy families 
        program funded under part A of this title, other child welfare 
        and alcohol and drug abuse prevention and treatment programs, 
        and the courts.
            ``(11) An assurance that not more than 10 percent of 
        expenditures under the plan for any fiscal year shall be for 
        administrative costs.
            ``(12) An assurance that alcohol and drug treatment 
        services provided at least in part with funds provided under a 
        grant made under this subpart shall be licensed, certified, or 
        otherwise approved by the appropriate State alcohol and drug 
        abuse agencies, or in the case of an Indian tribe, by a State 
        alcohol and drug abuse agency, the Indian Health Service, or 
        other designated licensing agency.
            ``(13) An assurance that Federal funds provided to the 
        State under a grant made under this subpart will not be used to 
        supplant Federal or non-Federal funds for services and 
        activities provided as of the date of the submission of the 
        plan that assist families with alcohol and drug abuse problems 
        who come to the attention of the child welfare system.
    ``(b) Amendments.--
            ``(1) In general.--An eligible State or Indian tribe may 
        amend, in whole or in part, its plan at any time through 
        transmittal of a plan amendment.
            ``(2) 60-day approval deadline.--A plan amendment is 
        considered approved unless the Secretary notifies an eligible 
        State or Indian tribe in writing, within 60 days after receipt 
        of the amendment, that the amendment is disapproved (and the 
        reasons for disapproval) or that specified additional 
        information is needed.
    ``(c) Requirements for Applications by Indian Tribes.--
            ``(1) In general.--In order to be eligible for a grant made 
        under this subpart, an Indian tribe shall--
                    ``(A) submit a plan to the Secretary that 
                describes--
                            ``(i) the activities the tribe will 
                        undertake with both child welfare and alcohol 
                        and drug agencies that serve the tribe's 
                        children to address the needs of families who 
come to the attention of the child welfare agencies and have alcohol 
and drug problems; and
                            ``(ii) whether and how such activities 
                        address any of the practice and policy areas 
                        described in subsection (a)(6); and
                    ``(B) subject to paragraph (2), meet the other 
                requirements of subsection (a) unless, with respect to 
                a specific requirement of such subsection, the 
                Secretary determines that it would be inappropriate to 
                apply such requirement to an Indian tribe, taking into 
                account the resources, needs, and other circumstances 
                of the Indian tribe.
            ``(2) Administrative costs; use of federal funds.--
        Paragraphs (11) and (13) of subsection (a) shall not apply to a 
        plan submitted by an Indian tribe. The indirect cost rate 
        agreement in effect for an Indian tribe shall apply with 
        respect to administrative costs under the tribe's plan.
            ``(3) Authority for intertribal consortium.--The 
        participating Indian tribes of an intertribal consortium may 
        develop and submit a single plan that meets the applicable 
        requirements of subsection (a) (as so determined by the 
        Secretary) and paragraph (1) of this subsection.

``SEC. 443. APPROPRIATION OF FUNDS.

    ``(a) Appropriations.--For the purpose of providing allotments to 
eligible States and Indian tribes under this subpart and research and 
training under subsection (b)(3), there is appropriated out of any 
money in the Treasury not otherwise appropriated--
            ``(1) for fiscal year 2004, $200,000,000;
            ``(2) for fiscal year 2005, $275,000,000;
            ``(3) for fiscal year 2006, $375,000,000;
            ``(4) for fiscal year 2007, $475,000,000; and
            ``(5) for fiscal year 2008, $575,000,000.
    ``(b) Reservation of Funds.--With respect to a fiscal year:
            ``(1) Territories.--The Secretary shall reserve 2 percent 
        of the amount appropriated under subsection (a) for such fiscal 
        year for payments to Puerto Rico, Guam, the United States 
        Virgin Islands, American Samoa, and the Northern Mariana 
        Islands.
            ``(2) Indian tribes.--The Secretary shall reserve not less 
        than 3 nor more than 5 percent of the amount appropriated under 
        subsection (a) for such fiscal year for direct payments to 
        Indian tribes and Indian tribal organizations for activities 
        intended to increase the capacity of the Indian tribes and 
        tribal organizations to expand treatment, services, and 
        training to assist families with alcohol and drug abuse 
        problems who come to the attention of the child welfare 
        agencies.
            ``(3) Research and training.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary shall reserve 1 percent of the amount 
                appropriated under subsection (a) for such fiscal year 
                for practice-based research on the effectiveness of 
                various approaches for the screening, assessment, 
                engagement, treatment, retention, and monitoring of 
                families with alcohol and drug abuse problems who come 
                to the attention of the child welfare system, and for 
                training of staff in such areas and shall ensure that a 
                portion of such amount is used for research on the 
                effectiveness of these approaches for Indian children 
                and for the training of staff serving children from the 
                Indian tribes.
                    ``(B) Determination of use of funds.--Funds 
                reserved under subparagraph (A) may only be used to 
                carry out a research agenda that addresses the areas 
                described in such subparagraph and that is established 
                by the Secretary, together with the Assistant Secretary 
                for the Administration for Children and Families and 
                the Administrator of Substance Abuse and Mental Health 
                Services Administration, with input from public and 
                private nonprofit providers, consumers, representatives 
                of Indian tribes, and advocates, as well as others with 
                expertise in research in such areas.

``SEC. 444. PAYMENTS TO ELIGIBLE STATES AND INDIAN TRIBES.

    ``(a) Amount of Grant.--
            ``(1) Eligible states other than territories.--
                    ``(A) In general.--From the amount appropriated 
                under subsection (a) of section 443 for a fiscal year, 
                after the reservation of funds required under 
                subsection (b) of that section for the fiscal year and 
                subject to subparagraphs (B) and (C), the Secretary 
                shall pay to each eligible State (after the Secretary 
                has determined that the State has satisfied the 
                matching requirement under subsection (b)) an amount 
                that bears the same ratio to such amount for such 
                fiscal year as the number of children under the age of 
                18 that reside in the eligible State bears to the total 
                number of children under the age of 18 who reside in 
                all such eligible States for such fiscal year.
                    ``(B) Minimum allotment.--In no case shall the 
                amount of a payment to an eligible State for a fiscal 
                year be less than an amount equal to 0.5 percent of the 
                amount appropriated under subsection (a) of section 443 
                for the fiscal year, after the reservation of funds 
                required under subsection (b) of that section.
                    ``(C) Pro rata reductions.--The Secretary shall 
                make pro rata reductions in the amounts of the 
                allotments determined under subparagraph (A) for a 
                fiscal year to the extent necessary to comply with 
                subparagraph (B).
            ``(2) Territories.--From the amounts reserved under section 
        443(b)(1) for a fiscal year, the Secretary shall pay to each 
        territory described in section 440(5)(B) with an approved plan 
        that meets the requirements of section 442 (after the Secretary 
        has determined that the territory has satisfied the matching 
        requirement under subsection (b)) an amount that bears the same 
        ratio to such amount for such fiscal year as the number of 
children under the age of 18 that reside in the territory bears to the 
total number of children under the age of 18 who reside in all such 
territories for such fiscal year.
            ``(3) Indian tribes or tribal organizations.--From the 
        amount reserved under section 443(b)(2) for a fiscal year, the 
        Secretary shall pay to each Indian tribe with an approved plan 
        that meets the requirements of section 442(c) (after the 
        Secretary has determined that the Indian tribe has satisfied 
        the matching requirement under subsection (b)) an amount that 
        bears the same ratio to such reserved amount for such fiscal 
        year as the number of children under the age of 18 in the 
        Indian tribe bears to the total number of children under the 
        age of 18 in all Indian tribes with plans so approved for such 
        fiscal year, as determined by the Secretary on the basis of the 
        most current and reliable information available to the 
        Secretary. For purposes of making the allocations required 
        under the preceding sentence, an Indian tribe may submit data 
        and other information that it has on the number of Indian 
        children under the age of 18 for consideration by the 
        Secretary.
    ``(b) Matching Requirement.--
            ``(1) In general.--In order to receive a grant under this 
        subpart for a fiscal year, an eligible State or Indian tribe 
        shall provide through non-Federal contributions the applicable 
        percentage determined under paragraph (2) for such fiscal year 
        of the costs of conducting activities funded in whole or in 
        part with funds provided under the grant. Such contributions 
        shall be paid jointly by the State agencies, in the case of an 
        eligible State, or by an Indian tribe.
            ``(2) Applicable percentage.--For purposes of paragraph 
        (1), the applicable percentage for an eligible State or Indian 
        tribe for a fiscal year is--
                    ``(A) 15 percent, in the case of fiscal years 2004 
                and 2005;
                    ``(B) 20 percent, in the case of fiscal years 2006 
                and 2007; and
                    ``(C) 25 percent, in the case of fiscal year 2008.
            ``(3) Source of match.--
                    ``(A) Eligible states.--The non-Federal 
                contributions required of an eligible State under this 
                subsection may be in cash or in kind, fairly evaluated, 
                including plant, equipment, or services. The 
                contributions may be made directly or through donations 
                from public or private entities. Amounts provided by 
                the Federal Government, or services assisted or 
                subsidized to any significant extent by the Federal 
                Government may not be included in determining whether 
                an eligible State has provided the applicable 
                percentage of such contributions for a fiscal year.
                    ``(B) Indian tribes.--With respect to an Indian 
                tribe, such contributions may be made in cash, through 
                donated funds, through non-public third party in kind 
                contributions, or from Federal funds received under any 
                of the following provisions of law:
                            ``(i) The Indian Child Welfare Act of 1978 
                        (25 U.S.C. 1901 et seq.).
                            ``(ii) The Indian Self-Determination and 
                        Education Assistance Act (25 U.S.C. 450 et 
                        seq.).
                            ``(iii) Title I of the Housing and 
                        Community Development Act of 1974 (42 U.S.C. 
                        5301 et seq.).
            ``(4) Waiver.--
                    ``(A) Eligible states.--In the case of an eligible 
                State, the Secretary, after consultation with the 
                Assistant Secretary for the Administration for Children 
                and Families and the Administrator of the Substance 
                Abuse and Mental Health Services Administration, may 
                modify the applicable percentage determined under 
                paragraph (2) for matching funds if the Secretary 
                determines that economic conditions in the eligible 
                State justify making such modification.
                    ``(B) Indian tribes.--In the case of an Indian 
                tribe, the Secretary may modify the applicable 
                percentage determined under such paragraph if the 
                Secretary determines that it would be inappropriate to 
                apply to the Indian tribe, taking into account the 
                resources and needs of the tribe and the amount of 
                funds the tribe would receive under a grant made under 
                this section.
    ``(c) Use of Funds.--Funds provided under a grant made under this 
subpart may only be used to carry out activities specified in the plan, 
as approved by the Secretary.
    ``(d) Deadline for Request for Payment.--An eligible State or 
Indian tribe shall apply to be paid funds under a grant made under this 
subpart not later than the beginning of the fourth quarter of a fiscal 
year or such funds shall be reallotted under subsection (f).
    ``(e) Carryover of Funds.--Funds paid to an eligible State or 
Indian tribe under a grant made under this subpart for a fiscal year 
may be expended in that fiscal year or the succeeding fiscal year.
    ``(f) Reallotment of Funds.--
            ``(1) Eligible states.--In the case of an eligible State 
        that does not apply for funds allotted to the eligible State 
        under a grant made under this subpart for a fiscal year within 
        the time provided under subsection (d), or that does not expend 
        such funds during the time provided under subsection (e), the 
        funds which the eligible State would have been entitled to for 
        such fiscal year shall be reallotted to 1 or more other 
        eligible States on the basis of each such State's relative need 
        for additional payments, as determined by the Secretary, after 
        consultation with the Assistant Secretary for the 
        Administration for Children and Families and the Administrator 
        of the Substance Abuse and Mental Health Services 
        Administration.
            ``(2) Indian tribes.--In the case of an Indian tribe that 
        does not expend funds allotted to the tribe during the time 
        provided under subsection (e), the funds to which the Indian 
        tribe would have been entitled to for such fiscal year shall be 
        reallotted to the remaining Indian tribes that are implementing 
approved plans in amounts that are proportional to the percentage of 
Indian children under the age of 18 in each such tribe.

``SEC. 445. PERFORMANCE ACCOUNTABILITY; REPORTS AND EVALUATIONS.

    ``(a) Performance Measurement.--
            ``(1) Establishment of indicators.--The Secretary, in 
        consultation with the Assistant Secretary for the 
        Administration for Children and Families, the Administrator of 
        the Substance Abuse and Mental Health Services Administration, 
        Chief Executive Officers of a State or Territory, State 
        legislators, State and local public officials responsible for 
        administering child welfare and alcohol and drug abuse 
        prevention and treatment programs, court staff, consumers of 
        the services, and advocates for children and parents who come 
        to the attention of the child welfare system, shall, within 12 
        months of the date of enactment of the Child Protection/Alcohol 
        and Drug Partnership Act of 2003, establish indicators that 
        will be used to assess periodically the performance of eligible 
        States and Indian tribes in using grant funds provided under 
        this subpart to promote child safety, permanence, and well-
        being and recovery in families who come to the attention of the 
        child welfare system.
            ``(2) Coordination.--The indicators established under 
        paragraph (1) shall be based on and coordinated with the 
        performance outcomes established for the child welfare system 
        pursuant to section 203(b) of the Adoption and Safe Families 
        Act of 1997 (42 U.S.C. 679b note) and the performance measures 
        developed under subpart II of part B of title XIX of the Public 
        Health Service Act (42 U.S.C. 300x-21 et seq.) (relating to the 
        substance abuse prevention and treatment block grant).
            ``(3) Purpose.--The indicators will be used to measure 
        periodically the progress made by the State agencies and by 
        child welfare and alcohol and drug abuse prevention and 
        treatment agencies serving children in Indian tribes in the 
        activities that such agencies jointly engage in with such grant 
        funds. An eligible State or Indian tribe will be measured 
        against itself, assessing progress over time against a baseline 
        established at the time the grant activities were undertaken.
            ``(4) Illustrative examples.--The indicators developed 
        should address the range of activities that eligible States and 
        Indian tribes have the option of engaging in with such grant 
        funds. Examples of the types of progress to be measured in the 
        different areas of activity include the following:
                    ``(A) Improving the screening and assessment of 
                families who come to the attention of the child welfare 
                system with alcohol and drug problems, so such families 
                can be promptly referred for appropriate treatment when 
                necessary.
                    ``(B) Increasing the availability of comprehensive 
                and timely individualized treatment for families with 
                alcohol and drug problems who come to the attention of 
                the child welfare system.
                    ``(C) Increasing the number or proportion of 
                families who, when they come to the attention of the 
                child welfare system with alcohol and drug problems, 
                promptly enter appropriate treatment.
                    ``(D) Increasing the engagement and retention in 
                treatment of families with alcohol and drug problems 
                who come to the attention of the child welfare system.
                    ``(E) Decreasing the number of children who re-
                enter foster care after being returned to families who 
                had alcohol or drug problems when the children entered 
                foster care.
                    ``(F) Increasing the number or proportion of staff 
                in both the public child welfare and alcohol and drug 
                abuse prevention and treatment agencies who have 
                received training on the needs of families that come to 
                the attention of the child welfare and alcohol and drug 
                abuse prevention and treatment systems for help, and 
                the help that can be provided to such families.
                    ``(G) Increasing the proportion of parents who 
                complete treatment for alcohol or drug abuse and show 
                improvement in their pre-employment or employment 
                status.
            ``(5) Determination of progress.--
                    ``(A) Initial report.--Not later than the end of 
                the first fiscal year in which funds are received under 
                a grant made under this subpart, the State agencies in 
                each eligible State that receives such funds, and the 
                Indian tribes that receive such funds, shall submit to 
                the Secretary a report on the activities carried out 
                during the fiscal year with such funds. The report 
                shall contain such information as the Secretary 
                determines is necessary to provide an accurate 
                description of the activities conducted with such funds 
                and of any changes in the use of such funds that are 
                planned for the succeeding fiscal year.
                    ``(B) Use of indicators.--As soon as possible after 
                the establishment of indicators under paragraph (1), 
                the State agencies and Indian tribes shall conduct 
                evaluations, directly or under contract, of their 
                progress with respect to such indicators that are 
                directly related to activities the eligible State or 
                Indian tribe is engaging in with such grant funds and 
                include information on the evaluation in the reports to 
                the Secretary required under subparagraphs (C) and (D). 
                After the third year in which such activities are 
                conducted, an eligible State or Indian tribe shall 
                include in the evaluation at least some indicators that 
                address improvements in treatment for families with 
                alcohol and drug problems who come to the attention of 
                the child welfare system.
                    ``(C) Subsequent reports.--After the initial report 
                is submitted under subparagraph (A), an eligible State 
                or Indian tribe shall submit to the Secretary, not 
                later than June 30 of each fiscal year thereafter in 
which the State or tribe carries out activities with grant funds 
provided under this subpart, a report on the application of the 
indicators established under paragraph (1) to such activities. The 
reports shall include an explanation regarding why the specific 
indicators used were chosen, how such indicators are expected to impact 
a child's safety, permanence, well-being, and parental recovery, and 
the results (as of the date of submission of the report) of the 
evaluation conducted under subparagraph (B).
                    ``(D) Final report.--Not later than September 30, 
                2008, each eligible State and Indian tribe with an 
                approved plan under this part shall submit a final 
                report on the evaluations conducted under subparagraph 
                (B) and the progress made in achieving the goals 
                specified in the plan of the State or Indian tribe.
                    ``(E) Failure to report.--
                            ``(i) In general.--Subject to clause (ii), 
                        an eligible State or Indian tribe that fails to 
                        submit the reports required under this 
                        paragraph or to conduct the evaluation required 
                        under subparagraph (B) shall not be eligible to 
                        receive grant funds provided under this subpart 
                        for the fiscal year following the fiscal year 
                        in which such State or Indian tribe failed to 
                        submit such report or conduct such evaluation.
                            ``(ii) Corrective action.--An eligible 
                        State or Indian tribe to which clause (i) 
                        applies may, notwithstanding such clause, 
                        receive grant funds under this subpart for a 
                        succeeding fiscal year if prior to September 30 
                        of the fiscal year in which such failure 
                        occurred, the State agencies of the eligible 
                        State, or the Indian tribe, submit to the 
                        Secretary a plan to monitor and evaluate in a 
                        timely manner the activities conducted with 
                        such funds, and such plan is approved in a 
                        timely manner by the Secretary, after 
                        consultation with the Assistant Secretary for 
                        the Administration for Children and Families 
                        and the Administrator of the Substance Abuse 
                        and Mental Health Services Administration.
    ``(b) Secretarial Reports and Evaluations.--
            ``(1) Annual reports.--On the basis of reports submitted 
        under subsection (a), the Secretary, in consultation with the 
        Assistant Secretary for the Administration for Children and 
        Families and the Administrator of the Substance Abuse and 
        Mental Health Services Administration, shall report annually, 
        beginning on October 1, 2004, to the Committee on Ways and 
        Means of the House of Representatives and the Committee on 
        Finance of the Senate on the joint activities conducted with 
        funds provided under grants made under this subpart, the 
        indicators that have been established, and the progress that 
        has been made in addressing the needs of families with alcohol 
        and drug abuse problems who come to the attention of the child 
        welfare system and in achieving the goals of child safety, 
        permanence, and family stability.
            ``(2) Evaluations.--Not later than 6 months after the end 
        of each 5-year funding cycle under this subpart, the Secretary 
        shall submit a report to the committees described in paragraph 
        (1) that summarizes the results of the evaluations conducted by 
        eligible States and Indian tribes under subsection (a)(5)(B), 
        as reported by such States and Indian tribes in accordance with 
        subparagraphs (C) and (D) of subsection (a)(5). The Secretary 
        shall include in the report required under this paragraph 
        recommendations for further legislative or administrative 
        actions that are designed to assist children and families with 
        alcohol and drug abuse problems who come to the attention of 
        the child welfare system.''.
                                 <all>