Text: H.R.2883 — 112th Congress (2011-2012)All Bill Information (Except Text)

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Public Law No: 112-34 (09/30/2011)

 
[112th Congress Public Law 34]
[From the U.S. Government Printing Office]



[[Page 125 STAT. 369]]

Public Law 112-34
112th Congress

                                 An Act


 
  To amend part B of title IV of the Social Security Act to extend the 
  child and family services program through fiscal year 2016, and for 
        other purposes. <<NOTE: Sept. 30, 2011 -  [H.R. 2883]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Child and Family 
Services Improvement and Innovation Act.>> 
SECTION 1. <<NOTE: 42 USC 1305 note.>> SHORT TITLE.

    This Act may be cited as the ``Child and Family Services Improvement 
and Innovation Act''.

        TITLE I--EXTENSION OF CHILD AND FAMILY SERVICES PROGRAMS

SEC. 101. STEPHANIE TUBBS JONES CHILD WELFARE SERVICES PROGRAM.

    (a) Extension of Program.--Section 425 of the Social Security Act 
(42 U.S.C. 625) is amended by striking ``2007 through 2011'' and 
inserting ``2012 through 2016''.
    (b) Modification of Certain State Plan Requirements.--
            (1) Response to emotional trauma.--Section 422(b)(15)(A)(ii) 
        of such Act (42 U.S.C. 622(b)(15)(A)(ii)) is amended by 
        inserting ``, including emotional trauma associated with a 
        child's maltreatment and removal from home'' before the 
        semicolon.
            (2) Procedures on the use of psychotropic medications.--
        Section 422(b)(15)(A)(v) of such Act (42 U.S.C. 
        622(b)(15)(A)(v)) is amended by inserting ``, including 
        protocols for the appropriate use and monitoring of psychotropic 
        medications'' before the semicolon.
            (3) Description of activities to address developmental needs 
        of very young children.--Section 422(b) of such Act (42 U.S.C. 
        622(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (16);
                    (B) by striking the period at the end of paragraph 
                (17) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(18) include a description of the activities that the 
        State has undertaken to reduce the length of time children who 
        have not attained 5 years of age are without a permanent family, 
        and the activities the State undertakes to address the 
        developmental needs of such children who receive benefits or 
        services under this part or part E.''.

[[Page 125 STAT. 370]]

            (4) Data sources for child death reporting.--Section 422(b) 
        of such Act (42 U.S.C. 622(b)), as amended by paragraph (3) of 
        this subsection, is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (17);
                    (B) by striking the period at the end of paragraph 
                (18) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(19) contain a description of the sources used to compile 
        information on child maltreatment deaths required by Federal law 
        to be reported by the State agency referred to in paragraph (1), 
        and to the extent that the compilation does not include 
        information on such deaths from the State vital statistics 
        department, child death review teams, law enforcement agencies, 
        or offices of medical examiners or coroners, the State shall 
        describe why the information is not so included and how the 
        State will include the information.''.

    (c) Child Visitation by Caseworkers.--Section 424 of such Act (42 
U.S.C. 624) is amended by striking the 2nd subsection (e), as added by 
section 7(b) of the Child and Family Services Improvement Act of 2006, 
and inserting the following:
    ``(f)(1)(A) Each State shall take such steps as are necessary to 
ensure that the total number of visits made by caseworkers on a monthly 
basis to children in foster care under the responsibility of the State 
during a fiscal year is not less than 90 percent (or, in the case of 
fiscal year 2015 or thereafter, 95 percent) of the total number of such 
visits that would occur during the fiscal year if each such child were 
so visited once every month while in such care.
    ``(B) If the Secretary determines that a State has failed to comply 
with subparagraph (A) for a fiscal year, then the percentage that would 
otherwise apply for purposes of subsection (a) for the fiscal year shall 
be reduced by--
            ``(i) 1, if the number of full percentage points by which 
        the State fell short of the percentage specified in subparagraph 
        (A) is less than 10;
            ``(ii) 3, if the number of full percentage points by which 
        the State fell short, as described in clause (i), is not less 
        than 10 and less than 20; or
            ``(iii) 5, if the number of full percentage points by which 
        the State fell short, as described in clause (i), is not less 
        than 20.

    ``(2)(A) Each State shall take such steps as are necessary to ensure 
that not less than 50 percent of the total number of visits made by 
caseworkers to children in foster care under the responsibility of the 
State during a fiscal year occur in the residence of the child involved.
    ``(B) If the Secretary determines that a State has failed to comply 
with subparagraph (A) for a fiscal year, then the percentage that would 
otherwise apply for purposes of subsection (a) for the fiscal year shall 
be reduced by--
            ``(i) 1, if the number of full percentage points by which 
        the State fell short of the percentage specified in subparagraph 
        (A) is less than 10;
            ``(ii) 3, if the number of full percentage points by which 
        the State fell short, as described in clause (i), is not less 
        than 10 and less than 20; or

[[Page 125 STAT. 371]]

            ``(iii) 5, if the number of full percentage points by which 
        the State fell short, as described in clause (i), is not less 
        than 20.''.

    (d) Technical Correction.--Section 423(b) of such Act (42 U.S.C. 
623(b)) is amended by striking ``per centum'' each place it appears and 
inserting ``percent''.
SEC. 102. PROMOTING SAFE AND STABLE FAMILIES PROGRAM.

    (a) Extension of Funding Authorizations.--
            (1) In general.--Section 436(a) of the Social Security Act 
        (42 U.S.C. 629f(a)) is amended by striking all that follows 
        ``$345,000,000'' and inserting ``for each of fiscal years 2012 
        through 2016.''.
            (2) Discretionary grants.--Section 437(a) of such Act (42 
        U.S.C. 629g(a)) is amended by striking ``2007 through 2011'' and 
        inserting ``2012 through 2016''.

    (b) Targeting of Services to Populations at Greatest Risk of 
Maltreatment.--Section 432(a) of such Act (42 U.S.C. 629b(a)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (8);
            (2) by striking the period at the end of paragraph (9) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(10) describes how the State identifies which populations 
        are at the greatest risk of maltreatment and how services are 
        targeted to the populations.''.

    (c) Revised Purposes of Family Support Services and Time-limited 
Family Reunification Services.--
            (1) Family support services.--Section 431(a)(2) of such Act 
        (42 U.S.C. 629a(a)(2)) is amended to read as follows:
            ``(2) Family support services.--
                    ``(A) In general.-- <<NOTE: Definition.>> The term 
                `family support services' means community-based services 
                designed to carry out the purposes described in 
                subparagraph (B).
                    ``(B) Purposes described.--The purposes described in 
                this subparagraph are the following:
                          ``(i) To promote the safety and well-being of 
                      children and families.
                          ``(ii) To increase the strength and stability 
                      of families (including adoptive, foster, and 
                      extended families).
                          ``(iii) To increase parents' confidence and 
                      competence in their parenting abilities.
                          ``(iv) To afford children a safe, stable, and 
                      supportive family environment.
                          ``(v) To strengthen parental relationships and 
                      promote healthy marriages.
                          ``(vi) To enhance child development, including 
                      through mentoring (as defined in section 
                      439(b)(2)).''.
            (2) Time-limited family reunification services.--Section 
        431(a)(7)(B) of such Act (42 U.S.C. 629a(a)(7)(B)) is amended by 
        redesignating clause (vi) as clause (viii) and inserting after 
        clause (v) the following:
                          ``(vi) Peer-to-peer mentoring and support 
                      groups for parents and primary caregivers.
                          ``(vii) Services and activities designed to 
                      facilitate access to and visitation of children by 
                      parents and siblings.''.

[[Page 125 STAT. 372]]

    (d) Uniform Definitions of Indian Tribe and Tribal Organization.--
Section 431(a) of such Act (42 U.S.C. 629a(a)(5) and (6)) is amended by 
striking paragraphs (5) and (6) and inserting the following:
            ``(5) Indian tribe.--The term `Indian tribe' has the meaning 
        given the term in section 428(c).
            ``(6) Tribal organization.--The term `tribal organization' 
        has the meaning given the term in section 428(c).''.

    (e) Submission to Congress of State Summaries of Financial Data; 
Publication on HHS Website.--Section 432(c) of such Act (42 U.S.C. 
629b(c)) is amended--
            (1) by striking all that precedes ``shall'' and inserting 
        the following:

    ``(c) Annual Submission of State Reports to Congress.--
            ``(1) In general.--The Secretary''; and
            (2) by adding after and below the end the following:
            ``(2) Information to be included.--The compilation shall 
        include the individual State reports and tables that synthesize 
        State information into national totals for each element required 
        to be included in the reports, including planned and actual 
        spending by service category for the program authorized under 
        this subpart and planned spending by service category for the 
        program authorized under subpart 1.
            ``(3) Public accessibility.--Not later than September 30 of 
        each year, the Secretary shall publish the compilation on the 
        website of the Department of Health and Human Services in a 
        location easily accessible by the public.''.

    (f) GAO Report on Multiple Sources of Federal Spending and Family 
Access to Services.--Not later than 12 months after the date of 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report that--
            (1) identifies alternative sources of Federal funding that 
        are being employed by States or other entities for the same 
        purposes for which funding is provided under subpart 1 or 2 of 
        part B of title IV of the Social Security Act; and
            (2) assesses the needs of families eligible for services 
        under such program, including identification of underserved 
        communities and information regarding--
                    (A) the supports available for caseworkers to 
                appropriately investigate and safely manage their 
                caseloads;
                    (B) the length of the wait time for families to 
                receive substance abuse and other preventive services; 
                and
                    (C) the number of families on waiting lists for such 
                services and the effect of the delay on healthy, 
                successful reunification outcomes for such families.

    (g) Technical Corrections.--
            (1) Section 432(a)(8)(B) of the Social Security Act (42 
        U.S.C. 629b(a)(8)(B)) is amended in each of clauses (i) and (ii) 
        by striking ``forms CFS 101-Part I and CFS 101-Part II (or any 
        successor forms)'' and inserting ``form CFS-101 (including all 
        parts and any successor forms)''.
            (2) Section 433(c)(2) of the Social Security Act (42 U.S.C. 
        629c(c)(2)) is amended--
                    (A) in the paragraph heading, by striking ``Food 
                stamp'' and inserting ``Supplemental nutrition 
                assistance program benefits''; and

[[Page 125 STAT. 373]]

                    (B) by striking ``benefits benefits'' each place it 
                appears and inserting ``benefits''.
SEC. 103. GRANTS FOR TARGETED PURPOSES.

    (a) Extension of Funding Reservations for Monthly Caseworker Visits 
and Regional Partnership Grants.--Section 436(b) of the Social Security 
Act (42 U.S.C. 629f(b)) is amended--
            (1) in paragraph (4)(A), by striking ``433(e)'' and all that 
        follows and inserting ``433(e) $20,000,000 for each of fiscal 
        years 2012 through 2016.''; and
            (2) in paragraph (5), by striking ``437(f)'' and all that 
        follows and inserting ``437(f) $20,000,000 for each of fiscal 
        years 2012 through 2016.''.

    (b) Revision in Use of Monthly Caseworker Visits Grants.--Section 
436(b)(4)(B)(i) of such Act (42 U.S.C. 629f(b)(4)(B)) is amended--
            (1) by striking ``support'' and insert ``improve the quality 
        of''; and
            (2) by striking ``a primary emphasis'' and all that follows 
        and inserting ``an emphasis on improving caseworker decision 
        making on the safety, permanency, and well-being of foster 
        children and on activities designed to increase retention, 
        recruitment, and training of caseworkers.''; and

    (c) Reauthorization of Regional Partnership Grants to Assist 
Children Affected by Parental Substance Abuse.--
            (1) Extension of program.--Section 437(f)(3)(A) of such Act 
        (42 U.S.C. 629g(f)(3)(A)) is amended by striking ``2007 through 
        2011'' and inserting ``2012 through 2016''.
            (2) Revisions to program.--Section 437(f) of such Act (42 
        U.S.C. 629g(f)) is amended--
                    (A) in the subsection heading, by striking 
                ``Methamphetamine or Other'';
                    (B) in each of paragraphs (1), (4)(A), (7)(A)(i), 
                and (9)(B)(iii), by striking ``methamphetamine or 
                other'';
                    (C) in paragraph (3), by striking subparagraph (B) 
                and inserting the following:
                    ``(B) Required minimum period of approval.--
                          ``(i) In general.--A grant shall be awarded 
                      under this subsection for a period of not less 
                      than 2, and not more than 5, fiscal years, subject 
                      to clause (ii).
                          ``(ii) Extension of grant.--On application of 
                      the grantee, the Secretary may extend for not more 
                      than 2 fiscal years the period for which a grant 
                      is awarded under this subsection.
                    ``(C) Multiple grants allowed.--This subsection 
                shall not be interpreted to prevent a grantee from 
                applying for, or being awarded, separate grants under 
                this subsection.'';
                    (D) in paragraph (6)(A)--
                          (i) by striking ``and'' at the end of clause 
                      (ii);
                          (ii) by striking the period at the end of 
                      clause (iii) and inserting a semicolon; and
                          (iii) by adding at the end the following:
                          ``(iv) 70 percent for the sixth such fiscal 
                      year; and
                          ``(v) 65 percent for the seventh such fiscal 
                      year.'';
                    (E) in paragraph (7)--

[[Page 125 STAT. 374]]

                          (i) by striking ``shall--'' and all that 
                      follows through ``(A) take'' and inserting ``shall 
                      take'';
                          (ii) in subparagraph (A)(iv), by striking ``; 
                      and'' and inserting a period;
                          (iii) by striking subparagraph (B); and
                          (iv) by redesignating clauses (i) through (iv) 
                      of subparagraph (A) as subparagraphs (A) through 
                      (D), respectively, and moving each of such 
                      provisions 2 ems to the left; and
                    (F) by adding at the end the following:
            ``(10) Limitation on use of funds for administrative 
        expenses of the secretary.--Not more than 5 percent of the 
        amounts appropriated or reserved for awarding grants under this 
        subsection for each of fiscal years 2012 through 2016 may be 
        used by the Secretary for salaries and Department of Health and 
        Human Services administrative expenses in administering this 
        subsection.''.
            (3) Evaluations.-- <<NOTE: Deadlines. Reports. Web 
        posting.>> Not later than December 31, 2012, and not later than 
        December 31, 2017, the Secretary of Health and Human Services 
        shall evaluate the effectiveness of the grants awarded to 
        regional partnerships under section 437(f) of the Social 
        Security Act (42 U.S.C. 629g(f)) and shall publish a report 
        regarding the results of each evaluation on the website of the 
        Department of Health and Human Services. Each report required to 
        be published under this subsection shall include--
                    (A) an evaluation of the programs and activities 
                conducted, and the services provided, with the grant 
                funds awarded under such section for fiscal years 2007 
                through 2011, in the case of the evaluation required by 
                December 31, 2012, and for fiscal years 2012 through 
                2016, in the case of the evaluation required by December 
                31, 2017;
                    (B) an analysis of the regional partnerships awarded 
                such grants that have, and have not, been successful in 
                achieving the goals and outcomes specified in their 
                grant applications and with respect to the performance 
                indicators established by the Secretary under paragraph 
                (8) of such section that are applicable to their grant 
                awards; and
                    (C) an analysis of the extent to which such grants 
                have been successful in addressing the needs of families 
                with methamphetamine or other substance abuse problems 
                who come to the attention of the child welfare system 
                and in achieving the goals of child safety, permanence, 
                and family stability.
SEC. 104. COURT IMPROVEMENT PROGRAM.

    (a) Grant Purposes.--Section 438(a) of the Social Security Act (42 
U.S.C. 629h(a)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``; and'' and 
                inserting ``, including the requirements in the Act 
                related to concurrent planning;'';
                    (B) in subparagraph (B), by adding ``and'' at the 
                end; and
                    (C) by adding at the end the following:
                    ``(C) to increase and improve engagement of the 
                entire family in court processes relating to child 
                welfare, family preservation, family reunification, and 
                adoption;''; and

[[Page 125 STAT. 375]]

            (2) in paragraph (4)--
                    (A) by inserting ``(A)'' after ``(4)'';
                    (B) by striking the period and inserting ``; and''; 
                and
                    (C) by adding after and below the end the following:
            ``(B) to increase and improve engagement of the entire 
        family in court processes relating to child welfare, family 
        preservation, family reunification, and adoption.''.

    (b) Single Grant Application.--Section 438(b)(2) of such Act (42 
U.S.C. 629h(b)(2)) is amended to read as follows:
            ``(2) Single grant application.--Pursuant to the 
        requirements under paragraph (1) of this subsection, a highest 
        State court desiring a grant under this section shall submit a 
        single application to the Secretary that specifies whether the 
        application is for a grant for--
                    ``(A) the purposes described in paragraphs (1) and 
                (2) of subsection (a);
                    ``(B) the purpose described in subsection (a)(3);
                    ``(C) the purpose described in subsection (a)(4); or
                    ``(D) the purposes referred to in 2 or more 
                (specifically identified) of subparagraphs (A), (B), and 
                (C) of this paragraph.''.

    (c) Amount of Grant.--Section 438(c) of such Act (42 U.S.C. 629h(c)) 
is amended to read as follows:
    ``(c) Amount of Grant.--
            ``(1) In general.--With respect to each of subparagraphs 
        (A), (B), and (C) of subsection (b)(2) that refers to 1 or more 
        grant purposes for which an application of a highest State court 
        is approved under this section, the court shall be entitled to 
        payment, for each of fiscal years 2012 through 2016, from the 
        amount allocated under paragraph (3) of this subsection for 
        grants for the purpose or purposes, of an amount equal to 
        $85,000 plus the amount described in paragraph (2) of this 
        subsection with respect to the purpose or purposes.
            ``(2) Amount described.--The amount described in this 
        paragraph for any fiscal year with respect to the purpose or 
        purposes referred to in a subparagraph of subsection (b)(2) is 
        the amount that bears the same ratio to the total of the amounts 
        allocated under paragraph (3) of this subsection for grants for 
        the purpose or purposes as the number of individuals in the 
        State who have not attained 21 years of age bears to the total 
        number of such individuals in all States the highest State 
        courts of which have approved applications under this section 
        for grants for the purpose or purposes.
            ``(3) Allocation of funds.--
                    ``(A) Mandatory funds.--Of the amounts reserved 
                under section 436(b)(2) for any fiscal year, the 
                Secretary shall allocate--
                          ``(i) $9,000,000 for grants for the purposes 
                      described in paragraphs (1) and (2) of subsection 
                      (a);
                          ``(ii) $10,000,000 for grants for the purpose 
                      described in subsection (a)(3);
                          ``(iii) $10,000,000 for grants for the purpose 
                      described in subsection (a)(4); and
                          ``(iv) $1,000,000 for grants to be awarded on 
                      a competitive basis among the highest courts of 
                      Indian tribes or tribal consortia that--

[[Page 125 STAT. 376]]

                                    ``(I) are operating a program under 
                                part E, in accordance with section 479B;
                                    ``(II) are seeking to operate a 
                                program under part E and have received 
                                an implementation grant under section 
                                476; or
                                    ``(III) has a court responsible for 
                                proceedings related to foster care or 
                                adoption.
                    ``(B) Discretionary funds.--The Secretary shall 
                allocate all of the amounts reserved under section 
                437(b)(2) for grants for the purposes described in 
                paragraphs (1) and (2) of subsection (a).''.

    (d) Extension of Federal Share.--Section 438(d) of such Act (42 
U.S.C. 629h(d)) is amended by striking ``2002 through 2011'' and 
inserting ``2012 through 2016''.
    (e) Technical Correction.-- <<NOTE: Effective date. 42 USC 629h 
note.>> Effective as if included in the enactment of the Safe and Timely 
Interstate Placement of Foster Children Act of 2006, section 8(b) of 
such Act <<NOTE: 42 USC 629h.>> (120 Stat. 513) is amended by striking 
``438(b) of such Act (42 U.S.C. 638(b))'' inserting ``438(b)(1) of such 
Act (42 U.S.C. 629h(b)(1))''.
SEC. 105. DATA STANDARDIZATION FOR IMPROVED DATA MATCHING.

    (a) In General.--Part B of title IV of the Social Security Act (42 
U.S.C. 621-629i) is amended by adding at the end the following:

                     ``Subpart 3--Common Provisions

``SEC. 440. <<NOTE: 42 USC 629m.>> DATA STANDARDIZATION FOR 
                        IMPROVED DATA MATCHING.

    ``(a) Standard Data Elements.--
            ``(1) Designation.-- <<NOTE: Regulations.>> The Secretary, 
        in consultation with an interagency work group established by 
        the Office of Management and Budget, and considering State 
        perspectives, shall, by rule, designate standard data elements 
        for any category of information required to be reported under 
        this part.
            ``(2) Data elements must be nonproprietary and 
        interoperable.--The standard data elements designated under 
        paragraph (1) shall, to the extent practicable, be 
        nonproprietary and interoperable.
            ``(3) Other requirements.--In designating standard data 
        elements under this subsection, the Secretary shall, to the 
        extent practicable, incorporate--
                    ``(A) interoperable standards developed and 
                maintained by an international voluntary consensus 
                standards body, as defined by the Office of Management 
                and Budget, such as the International Organization for 
                Standardization;
                    ``(B) interoperable standards developed and 
                maintained by intergovernmental partnerships, such as 
                the National Information Exchange Model; and
                    ``(C) interoperable standards developed and 
                maintained by Federal entities with authority over 
                contracting and financial assistance, such as the 
                Federal Acquisition Regulatory Council.

    ``(b) Data Standards for Reporting.--

[[Page 125 STAT. 377]]

            ``(1) Designation.-- <<NOTE: Regulations.>> The Secretary, 
        in consultation with an interagency work group established by 
        the Office of Management and Budget, and considering State 
        government perspectives, shall, by rule, designate data 
        reporting standards to govern the reporting required under this 
        part.
            ``(2) Requirements.--The data reporting standards required 
        by paragraph (1) shall, to the extent practicable--
                    ``(A) incorporate a widely-accepted, non-
                proprietary, searchable, computer-readable format;
                    ``(B) be consistent with and implement applicable 
                accounting principles; and
                    ``(C) be capable of being continually upgraded as 
                necessary.
            ``(3) Incorporation of nonproprietary standards.--In 
        designating reporting standards under this subsection, the 
        Secretary shall, to the extent practicable, incorporate existing 
        nonproprietary standards, such as the eXtensible Business 
        Reporting Language.''.

    (b) Effective Date.-- <<NOTE: Applicability. 42 USC 629m note.>> The 
amendment made by subsection (a) shall take effect on October 1, 2012, 
and shall apply with respect to information required to be reported on 
or after such date.
SEC. 106. PROVISIONS RELATING TO FOSTER CARE OR ADOPTION.

    (a) Educational Stability for Each Foster Placement.--Section 
475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)) is amended--
            (1) in clause (i), by striking ``the placement'' and 
        inserting ``each placement''; and
            (2) in clause (ii)(I), by inserting ``each'' before 
        ``placement''.

    (b) Foster Youth ID Theft.--Section 475(5) of such Act (42 U.S.C. 
675(5)) is amended--
            (1) by striking ``and'' at the end of subparagraph (G);
            (2) by striking the period at the end of subparagraph (H) 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(I) each child in foster care under the 
                responsibility of the State who has attained 16 years of 
                age receives without cost a copy of any consumer report 
                (as defined in section 603(d) of the Fair Credit 
                Reporting Act) pertaining to the child each year until 
                the child is discharged from care, and receives 
                assistance (including, when feasible, from any court-
                appointed advocate for the child) in interpreting and 
                resolving any inaccuracies in the report.''.

    (c) Description of Adoption Spending.--Section 473(a)(8) of such Act 
(42 U.S.C. 673(a)(8)) is amended by inserting ``, and shall document how 
such amounts are spent, including on post-adoption services'' before the 
period.
    (d) Inclusion in Annual Report of Additional Information on Child 
Visitation by Caseworkers.--Section 479A(6) of such Act (42 U.S.C. 
679b(6)) is amended--
            (1) by striking ``and'' at the end of subparagraph (A); and
            (2) by redesignating subparagraph (B) as subparagraph (C) 
        and inserting after subparagraph (A) the following:
                    ``(B) the total number of visits made by caseworkers 
                on a monthly basis to children in foster care under the 
                responsibility of the State during a fiscal year as a 
                percentage of the total number of the visits that would 
                occur

[[Page 125 STAT. 378]]

                during the fiscal year if each child were so visited 
                once every month while in such care; and''.
SEC. 107. <<NOTE: 42 USC 622 note.>>  EFFECTIVE DATE.

    (a) In General.-- <<NOTE: Applicability.>> Except as otherwise 
provided in this title, this title and the amendments made by this title 
shall take effect on October 1, 2011, 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 developed pursuant to subpart 1 of part B, or a State plan approved 
under subpart 2 of part B or part E, of title IV of the Social Security 
Act to meet the additional requirements imposed by the amendments made 
by this title, 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.

             TITLE II--CHILD WELFARE DEMONSTRATION PROJECTS

SEC. 201. RENEWAL OF AUTHORITY TO APPROVE DEMONSTRATION PROJECTS 
                        DESIGNED TO TEST INNOVATIVE STRATEGIES IN 
                        STATE CHILD WELFARE PROGRAMS.

    Section 1130 of the Social Security Act (42 U.S.C. 1320a-9) is 
amended--
            (1) in subsection (a)--
                    (A) by amending paragraph (2) to read as follows:
            ``(2) Limitation.--During fiscal years 2012 through 2014, 
        the Secretary may authorize demonstration projects described in 
        paragraph (1), with not more than 10 demonstration projects to 
        be authorized in each fiscal year.''.
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) Conditions for state eligibility.--For purposes of a 
        new demonstration project under this section that is initially 
        approved in any of fiscal years 2012 through 2014, a State shall 
        be authorized to conduct such demonstration project only if the 
        State satisfies the following conditions:
                    ``(A) Identify 1 or more goals.--
                          ``(i) In general.--The State shall demonstrate 
                      that the demonstration project is designed to 
                      accomplish 1 or more of the following goals:
                                    ``(I) Increase permanency for all 
                                infants, children, and youth by reducing 
                                the time in foster placements when 
                                possible and promoting a successful 
                                transition to adulthood for older youth.
                                    ``(II) Increase positive outcomes 
                                for infants, children, youth, and 
                                families in their homes and communities, 
                                including tribal communities, and

[[Page 125 STAT. 379]]

                                improve the safety and well-being of 
                                infants, children, and youth.
                                    ``(III) Prevent child abuse and 
                                neglect and the re-entry of infants, 
                                children, and youth into foster care.
                          ``(ii) Long-term therapeutic family treatment 
                      centers; addressing domestic violence.--With 
                      respect to a demonstration project that is 
                      designed to accomplish 1 or more of the goals 
                      described in clause (i), the State may elect to 
                      establish a program--
                                    ``(I) to permit foster care 
                                maintenance payments to be made under 
                                part E of title IV to a long-term 
                                therapeutic family treatment center (as 
                                described in paragraph (8)(B)) on behalf 
                                of a child residing in the center; or
                                    ``(II) to identify and address 
                                domestic violence that endangers 
                                children and results in the placement of 
                                children in foster care.
                    ``(B) Demonstrate readiness.--The State shall 
                demonstrate through a narrative description the State's 
                capacity to effectively use the authority to conduct a 
                demonstration project under this section by identifying 
                changes the State has made or plans to make in policies, 
                procedures, or other elements of the State's child 
                welfare program that will enable the State to 
                successfully achieve the goal or goals of the project.
                    ``(C) Demonstrate implemented or planned child 
                welfare program improvement policies.--
                          ``(i) In general.-- <<NOTE: Deadline.>> The 
                      State shall demonstrate that the State has 
                      implemented, or plans to implement within 3 years 
                      of the date on which the State submits its 
                      application to conduct the demonstration project 
                      or 2 years after the date on which the Secretary 
                      approves such demonstration project (whichever is 
                      later), at least 2 of the child welfare program 
                      improvement policies described in paragraph (7).
                          ``(ii) Previous implementation.--For purposes 
                      of the requirement described in clause (i), at 
                      least 1 of the child welfare program improvement 
                      policies to be implemented by the State shall be a 
                      policy that the State has not previously 
                      implemented as of the date on which the State 
                      submits an application to conduct the 
                      demonstration project.
                          ``(iii) Implementation review.--The Secretary 
                      may terminate the authority of a State to conduct 
                      a demonstration project under this section if, 
                      after the 3-year period following approval of the 
                      demonstration project, the State has not made 
                      significant progress in implementing the child 
                      welfare program improvement policies proposed by 
                      the State under clause (i).'';
                    (C) in paragraph (5), by inserting ``and the ability 
                of the State to implement a corrective action plan 
                approved under section 1123A'' before the period; and
                    (D) by adding at the end the following:
            ``(6) Inapplicability of random assignment for control 
        groups as a factor for approval of demonstration

[[Page 125 STAT. 380]]

        projects.--For purposes of evaluating an application to conduct 
        a demonstration project under this section, the Secretary shall 
        not take into consideration whether such project requires random 
        assignment of children and families to groups served under the 
        project and to control groups.
            ``(7) Child welfare program improvement policies.--For 
        purposes of paragraph (3)(C), the child welfare program 
        improvement policies described in this paragraph are the 
        following:
                    ``(A) The establishment of a bill of rights for 
                infants, children, and youth in foster care that is 
                widely shared and clearly outlines protections for 
                infants, children, and youth, such as assuring frequent 
                visits with parents, siblings, and caseworkers, access 
                to attorneys, and participation in age-appropriate 
                extracurricular activities, and procedures for ensuring 
                the protections are provided.
                    ``(B) The development and implementation of a plan 
                for meeting the health and mental health needs of 
                infants, children, and youth in foster care that 
                includes ensuring that the provision of health and 
                mental health care is child-specific, comprehensive, 
                appropriate, and consistent (through means such as 
                ensuring the infant, child, or youth has a medical home, 
                regular wellness medical visits, and addressing the 
                issue of trauma, when appropriate).
                    ``(C) The inclusion in the State plan under section 
                471 of an amendment implementing the option under 
                subsection (a)(28) of that section to enter into kinship 
                guardianship assistance agreements.
                    ``(D) The election under the State plan under 
                section 471 to define a `child' for purposes of the 
                provision of foster care maintenance payments, adoption 
                assistance payments, and kinship guardianship assistance 
                payments, so as to include individuals described in each 
                of subclauses (I), (II), and (III) of section 
                475(8)(B)(i) who have not attained age 21.
                    ``(E) The development and implementation of a plan 
                that ensures congregate care is used appropriately and 
                reduces the placement of children and youth in such 
                care.
                    ``(F) Of those infants, children, and youth in out-
                of-home placements, substantially increasing the number 
                of cases of siblings who are in the same foster care, 
                kinship guardianship, or adoptive placement, above the 
                number of such cases in fiscal year 2008.
                    ``(G) The development and implementation of a plan 
                to improve the recruitment and retention of high quality 
                foster family homes trained to help assist infants, 
                children, and youth swiftly secure permanent families. 
                Supports for foster families under such a plan may 
                include increasing maintenance payments to more 
                adequately meet the needs of infants, children, and 
                youth in foster care and expanding training, respite 
                care, and other support services for foster parents.
                    ``(H) The establishment of procedures designed to 
                assist youth as they prepare for their transition out of 
                foster care, such as arranging for participation in age-
                appropriate extra-curricular activities, providing 
                appropriate access to cell phones, computers, and 
                opportunities to obtain a

[[Page 125 STAT. 381]]

                driver's license, providing notification of all sibling 
                placements if siblings are in care and sibling location 
                if siblings are out of care, and providing counseling 
                and financial support for post-secondary education.
                    ``(I) The inclusion in the State plan under section 
                471 of a description of State procedures for--
                          ``(i) ensuring that youth in foster care who 
                      have attained age 16 are engaged in discussions, 
                      including during the development of the transition 
                      plans required under paragraphs (1)(D) and (5)(H) 
                      of section 475, that explore whether the youth 
                      wishes to reconnect with the youth's biological 
                      family, including parents, grandparents, and 
                      siblings, and, if so, what skills and strategies 
                      the youth will need to successfully and safely 
                      reconnect with those family members;
                          ``(ii) providing appropriate guidance and 
                      services to youth whom affirm an intent to 
                      reconnect with biological family members on how to 
                      successfully and safely manage such reconnections; 
                      and
                          ``(iii) making, when appropriate, efforts to 
                      include biological family members in such 
                      reconnection efforts.
                    ``(J) The establishment of one or more of the 
                following programs designed to prevent infants, 
                children, and youth from entering foster care or to 
                provide permanency for infants, children, and youth in 
                foster care:
                          ``(i) An intensive family finding program.
                          ``(ii) A kinship navigator program.
                          ``(iii) A family counseling program, such as a 
                      family group decision-making program, and which 
                      may include in-home peer support for families.
                          ``(iv) A comprehensive family-based substance 
                      abuse treatment program.
                          ``(v) A program under which special efforts 
                      are made to identify and address domestic violence 
                      that endangers infants, children, and youth and 
                      puts them at risk of entering foster care.
                          ``(vi) A mentoring program.
            ``(8) Definitions.--In this subsection--
                    ``(A) the term `youth' means, with respect to a 
                State, an individual who has attained age 12 but has not 
                attained the age at which an individual is no longer 
                considered to be a child under the State plans under 
                parts B and E of title IV, and
                    ``(B) the term `long-term therapeutic family 
                treatment center' means a State licensed or certified 
                program that enables parents and their children to live 
                together in a safe environment for a period of not less 
                than 6 months and provides, on-site or by referral, 
                substance abuse treatment services, children's early 
                intervention services, family counseling, legal 
                services, medical care, mental health services, nursery 
                and preschool, parenting skills training, pediatric 
                care, prenatal care, sexual abuse therapy, relapse 
                prevention, transportation, and job or vocational 
                training or classes leading to a secondary school 
                diploma or a certificate of general equivalence.'';
            (2) by striking subsection (d) and inserting the following:

    ``(d) Duration of Demonstration.--

[[Page 125 STAT. 382]]

            ``(1) In general.--Subject to paragraph (2), a demonstration 
        project under this section may be conducted for not more than 5 
        years, unless in the judgment of the Secretary, the 
        demonstration project should be allowed to continue.
            ``(2) Termination of authority.--In no event shall a 
        demonstration project under this section be conducted after 
        September 30, 2019.'';
            (3) in subsection (e)--
                    (A) in paragraph (1), by striking ``(which shall 
                provide,'' and all that follows before the semicolon;
                    (B) by striking ``and'' at the end of paragraph (6);
                    (C) by redesignating paragraph (7) as paragraph (8); 
                and
                    (D) by inserting after paragraph (6) the following:
            ``(7) an accounting of any additional Federal, State, and 
        local investments made, as well as any private investments made 
        in coordination with the State, during the 2 fiscal years 
        preceding the application to provide the services described in 
        paragraph (1), and an assurance that the State will provide an 
        accounting of that same spending for each year of an approved 
        demonstration project; and'';
            (4) by redesignating subsection (g) as subsection (h);
            (5) by striking subsection (f) and inserting the following:

    ``(f) Evaluations.--Each State authorized to conduct a demonstration 
project under this section shall obtain an evaluation by an independent 
contractor of the effectiveness of the project, using an evaluation 
design approved by the Secretary which provides for--
            ``(1) comparison of methods of service delivery under the 
        project, and such methods under a State plan or plans, with 
        respect to efficiency, economy, and any other appropriate 
        measures of program management;
            ``(2) comparison of outcomes for children and families (and 
        groups of children and families) under the project, and such 
        outcomes under a State plan or plans, for purposes of assessing 
        the effectiveness of the project in achieving program goals; and
            ``(3) any other information that the Secretary may require.

    ``(g) Reports.--
            ``(1) State reports; public availability.--Each State 
        authorized to conduct a demonstration project under this section 
        shall--
                    ``(A) submit periodic reports to the Secretary on 
                the specific programs, activities, and strategies used 
                to improve outcomes for infants, children, youth, and 
                families and the results achieved for infants, children, 
                and youth during the conduct of the demonstration 
                project, including with respect to those infants, 
                children, and youth who are prevented from entering 
                foster care, infants, children, and youth in foster 
                care, and infants, children, and youth who move from 
                foster care to permanent families; and
                    ``(B) <<NOTE: Web posting.>> post a copy of each 
                such report on the website for the State child welfare 
                program concurrent with the submission of the report to 
                the Secretary.
            ``(2) Reports to congress.--The Secretary shall submit to 
        the Committee on Ways and Means of the House of Representatives 
        and the Committee on Finance of the Senate--

[[Page 125 STAT. 383]]

                    ``(A) periodic reports based on the State reports 
                submitted under paragraph (1); and
                    ``(B) a report based on the results of the State 
                evaluations required under subsection (f) that includes 
                an analysis of the results of such evaluations and such 
                recommendations for administrative or legislative 
                changes as the Secretary determines appropriate.''; and
            (6) by adding at the end the following:

    ``(i) Indian Tribes Operating IV-E Programs Considered States.--An 
Indian tribe, tribal organization, or tribal consortium that has elected 
to operate a program under part E of title IV in accordance with section 
479B shall be considered a State for purposes of this section.''.

                      TITLE III--BUDGET PROVISIONS

SEC. 301. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying with 
the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

    Approved September 30, 2011.

LEGISLATIVE HISTORY--H.R. 2883:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 112-210, Pt. 1 (Comm. on Ways and Means).
CONGRESSIONAL RECORD, Vol. 157 (2011):
            Sept. 21, considered and passed House.
            Sept. 22, considered and passed Senate.

                                  <all>