S.Amdt. 5165

SA 5165. Mr. WYDEN submitted an amendment intended to be proposed by

[[Page S7044]]

him to the bill H.R. 2028, making appropriations for energy and water
development and related agencies for the fiscal year ending September
30, 2016, and for other purposes; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

DIVISION _--CHILD AND FAMILY SERVICES AND SUPPORT

SECTION 1. SHORT TITLE.

This division may be cited as the ``Family First Prevention
Services Act of 2016''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this division is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

TITLE I--INVESTING IN PREVENTION AND FAMILY SERVICES

Sec. 101. Purpose.

Subtitle A--Prevention Activities Under Title IV-E

Sec. 111. Foster care prevention services and programs.
Sec. 112. Foster care maintenance payments for children with parents in
a licensed residential family-based treatment facility
for substance abuse.
Sec. 113. Title IV-E payments for evidence-based kinship navigator
programs.

Subtitle B--Enhanced Support Under Title IV-B

Sec. 121. Elimination of time limit for family reunification services
while in foster care and permitting time-limited family
reunification services when a child returns home from
foster care.
Sec. 122. Reducing bureaucracy and unnecessary delays when placing
children in homes across State lines.
Sec. 123. Enhancements to grants to improve well-being of families
affected by substance abuse.

Subtitle C--Miscellaneous

Sec. 131. Reviewing and improving licensing standards for placement in
a relative foster family home.
Sec. 132. Development of a statewide plan to prevent child abuse and
neglect fatalities.
Sec. 133. Modernizing the title and purpose of title IV-E.
Sec. 134. Effective dates.

TITLE II--ENSURING THE NECESSITY OF A PLACEMENT THAT IS NOT IN A FOSTER
FAMILY HOME

Sec. 201. Limitation on Federal financial participation for placements
that are not in foster family homes.
Sec. 202. Assessment and documentation of the need for placement in a
qualified residential treatment program.
Sec. 203. Protocols to prevent inappropriate diagnoses.
Sec. 204. Additional data and reports regarding children placed in a
setting that is not a foster family home.
Sec. 205. Effective dates; application to waivers.

TITLE III--CONTINUING SUPPORT FOR CHILD AND FAMILY SERVICES

Sec. 301. Supporting and retaining foster families for children.
Sec. 302. Extension of child and family services programs.
Sec. 303. Improvements to the John H. Chafee Foster Care Independence
Program and related provisions.

TITLE IV--CONTINUING INCENTIVES TO STATES TO PROMOTE ADOPTION AND LEGAL
GUARDIANSHIP

Sec. 401. Reauthorizing adoption and legal guardianship incentive
programs.

TITLE V--TECHNICAL CORRECTIONS

Sec. 501. Technical corrections to data exchange standards to improve
program coordination.
Sec. 502. Technical corrections to State requirement to address the
developmental needs of young children.

TITLE VI--ENSURING STATES REINVEST SAVINGS RESULTING FROM INCREASE IN
ADOPTION ASSISTANCE

Sec. 601. Delay of adoption assistance phase-in.
Sec. 602. GAO study and report on State reinvestment of savings
resulting from increase in adoption assistance.

TITLE I--INVESTING IN PREVENTION AND FAMILY SERVICES

SEC. 101. PURPOSE.

The purpose of this title is to enable States to use
Federal funds available under parts B and E of title IV of
the Social Security Act to provide enhanced support to
children and families and prevent foster care placements
through the provision of mental health and substance abuse
prevention and treatment services, in-home parent skill-based
programs, and kinship navigator services.

Subtitle A--Prevention Activities Under Title IV-E

SEC. 111. FOSTER CARE PREVENTION SERVICES AND PROGRAMS.

(a) State Option.--Section 471 of the Social Security Act
(42 U.S.C. 671) is amended--
(1) in subsection (a)(1), by striking ``and'' and all that
follows through the semicolon and inserting ``, adoption
assistance in accordance with section 473, and, at the option
of the State, services or programs specified in subsection
(e)(1) of this section for children who are candidates for
foster care or who are pregnant or parenting foster youth and
the parents or kin caregivers of the children, in accordance
with the requirements of that subsection;''; and
(2) by adding at the end the following:
``(e) Prevention and Family Services and Programs.--
``(1) In general.--Subject to the succeeding provisions of
this subsection, the Secretary may make a payment to a State
for providing the following services or programs for a child
described in paragraph (2) and the parents or kin caregivers
of the child when the need of the child, such a parent, or
such a caregiver for the services or programs are directly
related to the safety, permanence, or well-being of the child
or to preventing the child from entering foster care:
``(A) Mental health and substance abuse prevention and
treatment services.--Mental health and substance abuse
prevention and treatment services provided by a qualified
clinician for not more than a 12-month period that begins on
any date described in paragraph (3) with respect to the
child.
``(B) In-home parent skill-based programs.--In-home parent
skill-based programs for not more than a 12-month period that
begins on any date described in paragraph (3) with respect to
the child and that include parenting skills training, parent
education, and individual and family counseling.
``(2) Child described.--For purposes of paragraph (1), a
child described in this paragraph is the following:
``(A) A child who is a candidate for foster care (as
defined in section 475(13)) but can remain safely at home or
in a kinship placement with receipt of services or programs
specified in paragraph (1).
``(B) A child in foster care who is a pregnant or parenting
foster youth.
``(3) Date described.--For purposes of paragraph (1), the
dates described in this paragraph are the following:
``(A) The date on which a child is identified in a
prevention plan maintained under paragraph (4) as a child who
is a candidate for foster care (as defined in section
475(13)).
``(B) The date on which a child is identified in a
prevention plan maintained under paragraph (4) as a pregnant
or parenting foster youth in need of services or programs
specified in paragraph (1).
``(4) Requirements related to providing services and
programs.--Services and programs specified in paragraph (1)
may be provided under this subsection only if specified in
advance in the child's prevention plan described in
subparagraph (A) and the requirements in subparagraphs (B)
through (E) are met:
``(A) Prevention plan.--The State maintains a written
prevention plan for the child that meets the following
requirements (as applicable):
``(i) Candidates.--In the case of a child who is a
candidate for foster care described in paragraph (2)(A), the
prevention plan shall--

``(I) identify the foster care prevention strategy for the
child so that the child may remain safely at home, live
temporarily with a kin caregiver until reunification can be
safely achieved, or live permanently with a kin caregiver;
``(II) list the services or programs to be provided to or
on behalf of the child to ensure the success of that
prevention strategy; and
``(III) comply with such other requirements as the
Secretary shall establish.

``(ii) Pregnant or parenting foster youth.--In the case of
a child who is a pregnant or parenting foster youth described
in paragraph (2)(B), the prevention plan shall--

``(I) be included in the child's case plan required under
section 475(1);
``(II) list the services or programs to be provided to or
on behalf of the youth to ensure that the youth is prepared
(in the case of a pregnant foster youth) or able (in the case
of a parenting foster youth) to be a parent;
``(III) describe the foster care prevention strategy for
any child born to the youth; and
``(IV) comply with such other requirements as the Secretary
shall establish.

``(B) Trauma-informed.--The services or programs to be
provided to or on behalf of a child are provided under an
organizational structure and treatment framework that
involves understanding, recognizing, and responding to the
effects of all types of trauma and in accordance with
recognized principles of a trauma-informed approach and
trauma-specific interventions to address trauma's
consequences and facilitate healing.
``(C) Only services and programs provided in accordance
with promising, supported, or well-supported practices
permitted.--
``(i) In general.--Only State expenditures for services or
programs specified in subparagraph (A) or (B) of paragraph
(1) that are provided in accordance with practices that meet
the requirements specified in clause (ii) of this
subparagraph and that meet the requirements specified in
clause (iii), (iv), or

[[Page S7045]]

(v), respectively, for being a promising, supported, or well-
supported practice, shall be eligible for a Federal matching
payment under section 474(a)(6)(A).
``(ii) General practice requirements.--The general practice
requirements specified in this clause are the following:

``(I) The practice has a book, manual, or other available
writings that specify the components of the practice protocol
and describe how to administer the practice.
``(II) There is no empirical basis suggesting that,
compared to its likely benefits, the practice constitutes a
risk of harm to those receiving it.
``(III) If multiple outcome studies have been conducted,
the overall weight of evidence supports the benefits of the
practice.
``(IV) Outcome measures are reliable and valid, and are
administrated consistently and accurately across all those
receiving the practice.
``(V) There is no case data suggesting a risk of harm that
was probably caused by the treatment and that was severe or
frequent.

``(iii) Promising practice.--A practice shall be considered
to be a `promising practice' if the practice is superior to
an appropriate comparison practice using conventional
standards of statistical significance (in terms of
demonstrated meaningful improvements in validated measures of
important child and parent outcomes, such as mental health,
substance abuse, and child safety and well-being), as
established by the results or outcomes of at least one study
that--

``(I) was rated by an independent systematic review for the
quality of the study design and execution and determined to
be well-designed and well-executed; and
``(II) utilized some form of control (such as an untreated
group, a placebo group, or a wait list study).

``(iv) Supported practice.--A practice shall be considered
to be a `supported practice' if--

``(I) the practice is superior to an appropriate comparison
practice using conventional standards of statistical
significance (in terms of demonstrated meaningful
improvements in validated measures of important child and
parent outcomes, such as mental health, substance abuse, and
child safety and well-being), as established by the results
or outcomes of at least one study that--

``(aa) was rated by an independent systematic review for
the quality of the study design and execution and determined
to be well-designed and well-executed;
``(bb) was a rigorous random-controlled trial (or, if not
available, a study using a rigorous quasi-experimental
research design); and
``(cc) was carried out in a usual care or practice setting;
and

``(II) the study described in subclause (I) established
that the practice has a sustained effect (when compared to a
control group) for at least 6 months beyond the end of the
treatment.

``(v) Well-supported practice.--A practice shall be
considered to be a `well-supported practice' if--

``(I) the practice is superior to an appropriate comparison
practice using conventional standards of statistical
significance (in terms of demonstrated meaningful
improvements in validated measures of important child and
parent outcomes, such as mental health, substance abuse, and
child safety and well-being), as established by the results
or outcomes of at least two studies that--

``(aa) were rated by an independent systematic review for
the quality of the study design and execution and determined
to be well-designed and well-executed;
``(bb) were rigorous random-controlled trials (or, if not
available, studies using a rigorous quasi-experimental
research design); and
``(cc) were carried out in a usual care or practice
setting; and

``(II) at least one of the studies described in subclause
(I) established that the practice has a sustained effect
(when compared to a control group) for at least 1 year beyond
the end of treatment.

``(D) Guidance on practices criteria and pre-approved
services and programs.--
``(i) In general.--Not later than October 1, 2018, the
Secretary shall issue guidance to States regarding the
practices criteria required for services or programs to
satisfy the requirements of subparagraph (C). The guidance
shall include a pre-approved list of services and programs
that satisfy the requirements.
``(ii) Updates.--The Secretary shall issue updates to the
guidance required by clause (i) as often as the Secretary
determines necessary.
``(E) Outcome assessment and reporting.--The State shall
collect and report to the Secretary the following information
with respect to each child for whom, or on whose behalf
mental health and substance abuse prevention and treatment
services or in-home parent skill-based programs are provided
during a 12-month period beginning on the date the child is
determined by the State to be a child described in paragraph
(2):
``(i) The specific services or programs provided and the
total expenditures for each of the services or programs.
``(ii) The duration of the services or programs provided.
``(iii) In the case of a child described in paragraph
(2)(A), the child's placement status at the beginning, and at
the end, of the 1-year period, respectively, and whether the
child entered foster care within 2 years after being
determined a candidate for foster care.
``(5) State plan component.--
``(A) In general.--A State electing to provide services or
programs specified in paragraph (1) shall submit as part of
the State plan required by subsection (a) a prevention
services and programs plan component that meets the
requirements of subparagraph (B).
``(B) Prevention services and programs plan component.--In
order to meet the requirements of this subparagraph, a
prevention services and programs plan component, with respect
to each 5-year period for which the plan component is in
operation in the State, shall include the following:
``(i) How providing services and programs specified in
paragraph (1) is expected to improve specific outcomes for
children and families.
``(ii) How the State will monitor and oversee the safety of
children who receive services and programs specified in
paragraph (1), including through periodic risk assessments
throughout the period in which the services and programs are
provided on behalf of a child and reexamination of the
prevention plan maintained for the child under paragraph (4)
for the provision of the services or programs if the State
determines the risk of the child entering foster care remains
high despite the provision of the services or programs.
``(iii) With respect to the services and programs specified
in subparagraphs (A) and (B) of paragraph (1), information on
the specific promising, supported, or well-supported
practices the State plans to use to provide the services or
programs, including a description of--

``(I) the services or programs and whether the practices
used are promising, supported, or well-supported;
``(II) how the State plans to implement the services or
programs, including how implementation of the services or
programs will be continuously monitored to ensure fidelity to
the practice model and to determine outcomes achieved and how
information learned from the monitoring will be used to
refine and improve practices;
``(III) how the State selected the services or programs;
``(IV) the target population for the services or programs;
and
``(V) how each service or program provided will be
evaluated through a well-designed and rigorous process, which
may consist of an ongoing, cross-site evaluation approved by
the Secretary.

``(iv) A description of the consultation that the State
agencies responsible for administering the State plans under
this part and part B engage in with other State agencies
responsible for administering health programs, including
mental health and substance abuse prevention and treatment
services, and with other public and private agencies with
experience in administering child and family services,
including community-based organizations, in order to foster a
continuum of care for children described in paragraph (2) and
their parents or kin caregivers.
``(v) A description of how the State shall assess children
and their parents or kin caregivers to determine eligibility
for services or programs specified in paragraph (1).
``(vi) A description of how the services or programs
specified in paragraph (1) that are provided for or on behalf
of a child and the parents or kin caregivers of the child
will be coordinated with other child and family services
provided to the child and the parents or kin caregivers of
the child under the State plan under part B.
``(vii) Descriptions of steps the State is taking to
support and enhance a competent, skilled, and professional
child welfare workforce to deliver trauma-informed and
evidence-based services, including--

``(I) ensuring that staff is qualified to provide services
or programs that are consistent with the promising,
supported, or well-supported practice models selected; and
``(II) developing appropriate prevention plans, and
conducting the risk assessments required under clause (iii).

``(viii) A description of how the State will provide
training and support for caseworkers in assessing what
children and their families need, connecting to the families
served, knowing how to access and deliver the needed trauma-
informed and evidence-based services, and overseeing and
evaluating the continuing appropriateness of the services.
``(ix) A description of how caseload size and type for
prevention caseworkers will be determined, managed, and
overseen.
``(x) An assurance that the State will report to the
Secretary such information and data as the Secretary may
require with respect to the provision of services and
programs specified in paragraph (1), including information
and data necessary to determine the performance measures for
the State under paragraph (6) and compliance with paragraph
(7).
``(C) Reimbursement for services under the prevention plan
component.--
``(i) Limitation.--Except as provided in subclause (ii), a
State may not receive a Federal payment under this part for a
given promising, supported, or well-supported practice unless
(in accordance with subparagraph (B)(iii)(V)) the plan
includes a well-designed and rigorous evaluation strategy for
that practice.

[[Page S7046]]

``(ii) Waiver of limitation.--The Secretary may waive the
requirement for a well-designed and rigorous evaluation of
any well-supported practice if the Secretary deems the
evidence of the effectiveness of the practice to be
compelling and the State meets the continuous quality
improvement requirements included in subparagraph
(B)(iii)(II) with regard to the practice.
``(6) Prevention services measures.--
``(A) Establishment; annual updates.--Beginning with fiscal
year 2021, and annually thereafter, the Secretary shall
establish the following prevention services measures based on
information and data reported by States that elect to provide
services and programs specified in paragraph (1):
``(i) Percentage of candidates for foster care who do not
enter foster care.--The percentage of candidates for foster
care for whom, or on whose behalf, the services or programs
are provided who do not enter foster care, including those
placed with a kin caregiver outside of foster care, during
the 12-month period in which the services or programs are
provided and through the end of the succeeding 12-month-
period.
``(ii) Per-child spending.--The total amount of
expenditures made for mental health and substance abuse
prevention and treatment services or in-home parent skill-
based programs, respectively, for, or on behalf of, each
child described in paragraph (2).
``(B) Data.--The Secretary shall establish and annually
update the prevention services measures--
``(i) based on the median State values of the information
reported under each clause of subparagraph (A) for the 3 then
most recent years; and
``(ii) taking into account State differences in the price
levels of consumption goods and services using the most
recent regional price parities published by the Bureau of
Economic Analysis of the Department of Commerce or such other
data as the Secretary determines appropriate.
``(C) Publication of state prevention services measures.--
The Secretary shall annually make available to the public the
prevention services measures of each State.
``(7) Maintenance of effort for state foster care
prevention expenditures.--
``(A) In general.--If a State elects to provide services
and programs specified in paragraph (1) for a fiscal year,
the State foster care prevention expenditures for the fiscal
year shall not be less than the amount of the expenditures
for fiscal year 2014 (or, at the option of a State described
in subparagraph (E), fiscal year 2015 or fiscal year 2016
(whichever the State elects)).
``(B) State foster care prevention expenditures.--The term
`State foster care prevention expenditures' means the
following:
``(i) TANF; iv-b; ssbg.--State expenditures for foster care
prevention services and activities under the State program
funded under part A (including from amounts made available by
the Federal Government), under the State plan developed under
part B (including any such amounts), or under the Social
Services Block Grant Programs under subtitle A of title XX
(including any such amounts).
``(ii) Other state programs.--State expenditures for foster
care prevention services and activities under any State
program that is not described in clause (i) (other than any
State expenditures for foster care prevention services and
activities under the State program under this part (including
under a waiver of the program)).
``(C) State expenditures.--The term `State expenditures'
means all State or local funds that are expended by the State
or a local agency including State or local funds that are
matched or reimbursed by the Federal Government and State or
local funds that are not matched or reimbursed by the Federal
Government.
``(D) Determination of prevention services and
activities.--The Secretary shall require each State that
elects to provide services and programs specified in
paragraph (1) to report the expenditures specified in
subparagraph (B) for fiscal year 2014 and for such fiscal
years thereafter as are necessary to determine whether the
State is complying with the maintenance of effort requirement
in subparagraph (A). The Secretary shall specify the specific
services and activities under each program referred to in
subparagraph (B) that are `prevention services and
activities' for purposes of the reports.
``(E) State described.--For purposes of subparagraph (A), a
State is described in this subparagraph if the population of
children in the State in 2014 was less than 200,000 (as
determined by the Bureau of the Census).
``(8) Prohibition against use of state foster care
prevention expenditures and federal iv-e prevention funds for
matching or expenditure requirement.--A State that elects to
provide services and programs specified in paragraph (1)
shall not use any State foster care prevention expenditures
for a fiscal year for the State share of expenditures under
section 474(a)(6) for a fiscal year.
``(9) Administrative costs.--Expenditures described in
section 474(a)(6)(B)--
``(A) shall not be eligible for payment under subparagraph
(A), (B), or (E) of section 474(a)(3); and
``(B) shall be eligible for payment under section
474(a)(6)(B) without regard to whether the expenditures are
incurred on behalf of a child who is, or is potentially,
eligible for foster care maintenance payments under this
part.
``(10) Application.--
``(A) In general.--The provision of services or programs
under this subsection to or on behalf of a child described in
paragraph (2) shall not be considered to be receipt of aid or
assistance under the State plan under this part for purposes
of eligibility for any other program established under this
Act.
``(B) Candidates in kinship care.--A child described in
paragraph (2) for whom such services or programs under this
subsection are provided for more than 6 months while in the
home of a kin caregiver, and who would satisfy the AFDC
eligibility requirement of section 472(a)(3)(A)(ii)(II) but
for residing in the home of the caregiver for more than 6
months, is deemed to satisfy that requirement for purposes of
determining whether the child is eligible for foster care
maintenance payments under section 472.''.
(b) Definition.--Section 475 of such Act (42 U.S.C. 675) is
amended by adding at the end the following:
``(13) The term `child who is a candidate for foster care'
means, a child who is identified in a prevention plan under
section 471(e)(4)(A) as being at imminent risk of entering
foster care (without regard to whether the child would be
eligible for foster care maintenance payments under section
472 or is or would be eligible for adoption assistance or
kinship guardianship assistance payments under section 473)
but who can remain safely in the child's home or in a kinship
placement as long as services or programs specified in
section 471(e)(1) that are necessary to prevent the entry of
the child into foster care are provided. The term includes a
child whose adoption or guardianship arrangement is at risk
of a disruption or dissolution that would result in a foster
care placement.''.
(c) Payments Under Title IV-E.--Section 474(a) of such Act
(42 U.S.C. 674(a)) is amended--
(1) in paragraph (5), by striking the period at the end and
inserting ``; plus''; and
(2) by adding at the end the following:
``(6) subject to section 471(e)--
``(A) for each quarter--
``(i) subject to clause (ii)--

``(I) beginning after September 30, 2019, and before
October 1, 2025, an amount equal to 50 percent of the total
amount expended during the quarter for the provision of
services or programs specified in subparagraph (A) or (B) of
section 471(e)(1) that are provided in accordance with
promising, supported, or well-supported practices that meet
the applicable criteria specified for the practices in
section 471(e)(4)(C); and
``(II) beginning after September 30, 2025, an amount equal
to the Federal medical assistance percentage (which shall be
as defined in section 1905(b), in the case of a State other
than the District of Columbia, or 70 percent, in the case of
the District of Columbia) of the total amount expended during
the quarter for the provision of services or programs
specified in subparagraph (A) or (B) of section 471(e)(1)
that are provided in accordance with promising, supported, or
well-supported practices that meet the applicable criteria
specified for the practices in section 471(e)(4)(C) (or, with
respect to the payments made during the quarter under a
cooperative agreement or contract entered into by the State
and an Indian tribe, tribal organization, or tribal
consortium for the administration or payment of funds under
this part, an amount equal to the Federal medical assistance
percentage that would apply under section 479B(d) (in this
paragraph referred to as the `tribal FMAP') if the Indian
tribe, tribal organization, or tribal consortium made the
payments under a program operated under that section, unless
the tribal FMAP is less than the Federal medical assistance
percentage that applies to the State); except that

``(ii) not less than 50 percent of the total amount payable
to a State under clause (i) for a fiscal year shall be for
the provision of services or programs specified in
subparagraph (A) or (B) of section 471(e)(1) that are
provided in accordance with well-supported practices; plus
``(B) for each quarter specified in subparagraph (A), an
amount equal to the sum of the following proportions of the
total amount expended during the quarter:
``(i) 50 percent of so much of the expenditures as are
found necessary by the Secretary for the proper and efficient
administration of the State plan for the provision of
services or programs specified in section 471(e)(1),
including expenditures for activities approved by the
Secretary that promote the development of necessary processes
and procedures to establish and implement the provision of
the services and programs for individuals who are eligible
for the services and programs and expenditures attributable
to data collection and reporting; and
``(ii) 50 percent of so much of the expenditures with
respect to the provision of services and programs specified
in section 471(e)(1) as are for training of personnel
employed or preparing for employment by the State agency or
by the local agency administering the plan in the political
subdivision and of the members of the staff of State-licensed
or State-approved child welfare agencies providing services
to children described in section 471(e)(2) and their parents
or kin caregivers, including on how to determine who are
individuals eligible for the services or programs, how to
identify and provide appropriate services and programs, and
how to oversee and evaluate the ongoing appropriateness of
the services and programs.''.
(d) Technical Assistance and Best Practices, Clearinghouse,
and Data Collection

[[Page S7047]]

and Evaluations.--Section 476 of such Act (42 U.S.C. 676) is
amended by adding at the end the following:
``(d) Technical Assistance and Best Practices,
Clearinghouse, Data Collection, and Evaluations Relating to
Prevention Services and Programs.--
``(1) Technical assistance and best practices.--The
Secretary shall provide to States and, as applicable, to
Indian tribes, tribal organizations, and tribal consortia,
technical assistance regarding the provision of services and
programs described in section 471(e)(1) and shall disseminate
best practices with respect to the provision of the services
and programs, including how to plan and implement a well-
designed and rigorous evaluation of a promising, supported,
or well-supported practice.
``(2) Clearinghouse of promising, supported, and well-
supported practices.--The Secretary shall, directly or
through grants, contracts, or interagency agreements,
evaluate research on the practices specified in clauses
(iii), (iv), and (v), respectively, of section 471(e)(4)(C),
and programs that meet the requirements described in section
427(a)(1), including culturally specific, or location- or
population-based adaptations of the practices, to identify
and establish a public clearinghouse of the practices that
satisfy each category described by such clauses. In addition,
the clearinghouse shall include information on the specific
outcomes associated with each practice, including whether the
practice has been shown to prevent child abuse and neglect
and reduce the likelihood of foster care placement by
supporting birth families and kinship families and improving
targeted supports for pregnant and parenting youth and their
children.
``(3) Data collection and evaluations.--The Secretary,
directly or through grants, contracts, or interagency
agreements, may collect data and conduct evaluations with
respect to the provision of services and programs described
in section 471(e)(1) for purposes of assessing the extent to
which the provision of the services and programs--
``(A) reduces the likelihood of foster care placement;
``(B) increases use of kinship care arrangements; or
``(C) improves child well-being.
``(4) Reports to congress.--
``(A) In general.--The Secretary shall submit to the
Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives periodic reports
based on the provision of services and programs described in
section 471(e)(1) and the activities carried out under this
subsection.
``(B) Public availability.--The Secretary shall make the
reports to Congress submitted under this paragraph publicly
available.
``(5) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there is
appropriated to the Secretary $1,000,000 for fiscal year 2017
and each fiscal year thereafter to carry out this
subsection.''.
(e) Application to Programs Operated by Indian Tribal
Organizations.--
(1) In general.--Section 479B of such Act (42 U.S.C. 679c)
is amended--
(A) in subsection (c)(1)--
(i) in subparagraph (C)(i)--

(I) in subclause (II), by striking ``and'' after the
semicolon;
(II) in subclause (III), by striking the period at the end
and inserting ``; and''; and
(III) by adding at the end the following:
``(IV) at the option of the tribe, organization, or
consortium, services and programs specified in section
471(e)(1) to children described in section 471(e)(2) and
their parents or kin caregivers, in accordance with section
471(e) and subparagraph (E).''; and

(ii) by adding at the end the following:
``(E) Prevention services and programs for children and
their parents and kin caregivers.--
``(i) In general.--In the case of a tribe, organization, or
consortium that elects to provide services and programs
specified in section 471(e)(1) to children described in
section 471(e)(2) and their parents or kin caregivers under
the plan, the Secretary shall specify the requirements
applicable to the provision of the services and programs. The
requirements shall, to the greatest extent practicable, be
consistent with the requirements applicable to States under
section 471(e) and shall permit the provision of the services
and programs in the form of services and programs that are
adapted to the culture and context of the tribal communities
served.
``(ii) Performance measures.--The Secretary shall establish
specific performance measures for each tribe, organization,
or consortium that elects to provide services and programs
specified in section 471(e)(1). The performance measures
shall, to the greatest extent practicable, be consistent with
the prevention services measures required for States under
section 471(e)(6) but shall allow for consideration of
factors unique to the provision of the services by tribes,
organizations, or consortia.''; and
(B) in subsection (d)(1), by striking ``and (5)'' and
inserting ``(5), and (6)(A)''.
(2) Conforming amendment.--The heading for subsection (d)
of section 479B of such Act (42 U.S.C. 679c) is amended by
striking ``for Foster Care Maintenance and Adoption
Assistance Payments''.
(f) Application to Programs Operated by Territories.--
Section 1108(a)(2) of the Social Security Act (42 U.S.C.
1308(a)(2)) is amended by striking ``or 413(f)'' and
inserting ``413(f), or 474(a)(6)''.

SEC. 112. FOSTER CARE MAINTENANCE PAYMENTS FOR CHILDREN WITH
PARENTS IN A LICENSED RESIDENTIAL FAMILY-BASED
TREATMENT FACILITY FOR SUBSTANCE ABUSE.

(a) In General.--Section 472 of the Social Security Act (42
U.S.C. 672) is amended--
(1) in subsection (a)(2)(C), by striking ``or'' and
inserting ``, with a parent residing in a licensed
residential family-based treatment facility, but only to the
extent permitted under subsection (j), or in a''; and
(2) by adding at the end the following:
``(j) Children Placed With a Parent Residing in a Licensed
Residential Family-Based Treatment Facility for Substance
Abuse.--
``(1) In general.--Notwithstanding the preceding provisions
of this section, a child who is eligible for foster care
maintenance payments under this section, or who would be
eligible for the payments if the eligibility were determined
without regard to paragraphs (1)(B) and (3) of subsection
(a), shall be eligible for the payments for a period of not
more than 12 months during which the child is placed with a
parent who is in a licensed residential family-based
treatment facility for substance abuse, but only if--
``(A) the recommendation for the placement is specified in
the child's case plan before the placement;
``(B) the treatment facility provides, as part of the
treatment for substance abuse, parenting skills training,
parent education, and individual and family counseling; and
``(C) the substance abuse treatment, parenting skills
training, parent education, and individual and family
counseling is provided under an organizational structure and
treatment framework that involves understanding, recognizing,
and responding to the effects of all types of trauma and in
accordance with recognized principles of a trauma-informed
approach and trauma-specific interventions to address the
consequences of trauma and facilitate healing.
``(2) Application.--With respect to children for whom
foster care maintenance payments are made under paragraph
(1), only the children who satisfy the requirements of
paragraphs (1)(B) and (3) of subsection (a) shall be
considered to be children with respect to whom foster care
maintenance payments are made under this section for purposes
of subsection (h) or section 473(b)(3)(B).''.
(b) Conforming Amendment.--Section 474(a)(1) of such Act
(42 U.S.C. 674(a)(1)) is amended by inserting ``subject to
section 472(j),'' before ``an amount equal to the Federal''
the first place it appears.

SEC. 113. TITLE IV-E PAYMENTS FOR EVIDENCE-BASED KINSHIP
NAVIGATOR PROGRAMS.

Section 474(a) of the Social Security Act (42 U.S.C.
674(a)), as amended by section 111(c), is amended--
(1) in paragraph (6), by striking the period at the end and
inserting ``; plus''; and
(2) by adding at the end the following:
``(7) an amount equal to 50 percent of the amounts expended
by the State during the quarter as the Secretary determines
are for kinship navigator programs that meet the requirements
described in section 427(a)(1) and that the Secretary
determines are operated in accordance with promising,
supported, or well-supported practices that meet the
applicable criteria specified for the practices in section
471(e)(4)(C), without regard to whether the expenditures are
incurred on behalf of children who are, or are potentially,
eligible for foster care maintenance payments under this
part.''.

Subtitle B--Enhanced Support Under Title IV-B

SEC. 121. ELIMINATION OF TIME LIMIT FOR FAMILY REUNIFICATION
SERVICES WHILE IN FOSTER CARE AND PERMITTING
TIME-LIMITED FAMILY REUNIFICATION SERVICES WHEN
A CHILD RETURNS HOME FROM FOSTER CARE.

(a) In General.--Section 431(a)(7) of the Social Security
Act (42 U.S.C. 629a(a)(7)) is amended--
(1) in the paragraph heading, by striking ``Time-limited
family'' and inserting ``Family''; and
(2) in subparagraph (A)--
(A) by striking ``time-limited family'' and inserting
``family'';
(B) by inserting ``or a child who has been returned home''
after ``child care institution''; and
(C) by striking ``, but only during the 15-month period
that begins on the date that the child, pursuant to section
475(5)(F), is considered to have entered foster care'' and
inserting ``and to ensure the strength and stability of the
reunification. In the case of a child who has been returned
home, the services and activities shall only be provided
during the 15-month period that begins on the date that the
child returns home''.
(b) Conforming Amendments.--
(1) Section 430 of such Act (42 U.S.C. 629) is amended in
the matter preceding paragraph (1), by striking ``time-
limited''.
(2) Subsections (a)(4), (a)(5)(A), and (b)(1) of section
432 of such Act (42 U.S.C. 629b) are amended by striking
``time-limited'' each place it appears.

SEC. 122. REDUCING BUREAUCRACY AND UNNECESSARY DELAYS WHEN
PLACING CHILDREN IN HOMES ACROSS STATE LINES.

(a) State Plan Requirement.--Section 471(a)(25) of the
Social Security Act (42 U.S.C. 671(a)(25)) is amended--

[[Page S7048]]

(1) by striking ``provide'' and insert ``provides''; and
(2) by inserting ``, which, not later than October 1, 2026,
shall include the use of an electronic interstate case-
processing system'' before the first semicolon.
(b) Grants for the Development of an Electronic Interstate
Case-Processing System To Expedite the Interstate Placement
of Children in Foster Care or Guardianship, or for
Adoption.--Section 437 of such Act (42 U.S.C. 629g) is
amended by adding at the end the following:
``(g) Grants for the Development of an Electronic
Interstate Case-Processing System To Expedite the Interstate
Placement of Children in Foster Care or Guardianship, or for
Adoption.--
``(1) Purpose.--The purpose of this subsection is to
facilitate the development of an electronic interstate case-
processing system for the exchange of data and documents to
expedite the placements of children in foster, guardianship,
or adoptive homes across State lines.
``(2) Application requirements.--A State that desires a
grant under this subsection shall submit to the Secretary an
application containing the following:
``(A) A description of the goals and outcomes to be
achieved during the period for which grant funds are sought,
which goals and outcomes must result in--
``(i) reducing the time it takes for a child to be provided
with a safe and appropriate permanent living arrangement
across State lines;
``(ii) improving administrative processes and reducing
costs in the foster care system; and
``(iii) the secure exchange of relevant case files and
other necessary materials in real time, and timely
communications and placement decisions regarding interstate
placements of children.
``(B) A description of the activities to be funded in whole
or in part with the grant funds, including the sequencing of
the activities.
``(C) A description of the strategies for integrating
programs and services for children who are placed across
State lines.
``(D) Such other information as the Secretary may require.
``(3) Grant authority.--The Secretary may make a grant to a
State that complies with paragraph (2).
``(4) Use of funds.--A State to which a grant is made under
this subsection shall use the grant to support the State in
connecting with the electronic interstate case-processing
system described in paragraph (1).
``(5) Evaluations.--Not later than 1 year after the final
year in which grants are awarded under this subsection, the
Secretary shall submit to the Congress, and make available to
the general public by posting on a website, a report that
contains the following information:
``(A) How using the electronic interstate case-processing
system developed pursuant to paragraph (4) has changed the
time it takes for children to be placed across State lines.
``(B) The number of cases subject to the Interstate Compact
on the Placement of Children that were processed through the
electronic interstate case-processing system, and the number
of interstate child placement cases that were processed
outside the electronic interstate case-processing system, by
each State in each year.
``(C) The progress made by States in implementing the
electronic interstate case-processing system.
``(D) How using the electronic interstate case-processing
system has affected various metrics related to child safety
and well-being, including the time it takes for children to
be placed across State lines.
``(E) How using the electronic interstate case-processing
system has affected administrative costs and caseworker time
spent on placing children across State lines.
``(6) Data integration.--The Secretary, in consultation
with the Secretariat for the Interstate Compact on the
Placement of Children and the States, shall assess how the
electronic interstate case-processing system developed
pursuant to paragraph (4) could be used to better serve and
protect children that come to the attention of the child
welfare system, by--
``(A) connecting the system with other data systems (such
as systems operated by State law enforcement and judicial
agencies, systems operated by the Federal Bureau of
Investigation for the purposes of the Innocence Lost National
Initiative, and other systems);
``(B) simplifying and improving reporting related to
paragraphs (34) and (35) of section 471(a) regarding children
or youth who have been identified as being a sex trafficking
victim or children missing from foster care; and
``(C) improving the ability of States to quickly comply
with background check requirements of section 471(a)(20),
including checks of child abuse and neglect registries as
required by section 471(a)(20)(B).''.
(c) Reservation of Funds To Improve the Interstate
Placement of Children.--Section 437(b) of such Act (42 U.S.C.
629g(b)) is amended by adding at the end the following:
``(4) Improving the interstate placement of children.--The
Secretary shall reserve $5,000,000 of the amount made
available for fiscal year 2017 for grants under subsection
(g), and the amount so reserved shall remain available
through fiscal year 2021.''.

SEC. 123. ENHANCEMENTS TO GRANTS TO IMPROVE WELL-BEING OF
FAMILIES AFFECTED BY SUBSTANCE ABUSE.

Section 437(f) of the Social Security Act (42 U.S.C.
629g(f)) is amended--
(1) in the subsection heading, by striking ``Increase the
Well-Being of, and To Improve the Permanency Outcomes for,
Children Affected by'' and inserting ``Implement IV-E
Prevention Services, and Improve the Well-Being of, and
Improve Permanency Outcomes for, Children and Families
Affected by Heroin, Opioids, and Other'';
(2) by striking paragraph (2) and inserting the following:
``(2) Regional partnership defined.--In this subsection,
the term `regional partnership' means a collaborative
agreement (which may be established on an interstate, State,
or intrastate basis) entered into by the following:
``(A) Mandatory partners for all partnership grants.--
``(i) The State child welfare agency that is responsible
for the administration of the State plan under this part and
part E.
``(ii) The State agency responsible for administering the
substance abuse prevention and treatment block grant provided
under subpart II of part B of title XIX of the Public Health
Service Act.
``(B) Mandatory partners for partnership grants proposing
to serve children in out-of-home placements.--If the
partnership proposes to serve children in out-of-home
placements, the Juvenile Court or Administrative Office of
the Court that is most appropriate to oversee the
administration of court programs in the region to address the
population of families who come to the attention of the court
due to child abuse or neglect.
``(C) Optional partners.--At the option of the partnership,
any of the following:
``(i) An Indian tribe or tribal consortium.
``(ii) Nonprofit child welfare service providers.
``(iii) For-profit child welfare service providers.
``(iv) Community health service providers, including
substance abuse treatment providers.
``(v) Community mental health providers.
``(vi) Local law enforcement agencies.
``(vii) School personnel.
``(viii) Tribal child welfare agencies (or a consortia of
the agencies).
``(ix) Any other providers, agencies, personnel, officials,
or entities that are related to the provision of child and
family services under a State plan approved under this
subpart.
``(D) Exception for regional partnerships where the lead
applicant is an indian tribe or tribal consortia.--If an
Indian tribe or tribal consortium enters into a regional
partnership for purposes of this subsection, the Indian tribe
or tribal consortium--
``(i) may (but is not required to) include the State child
welfare agency as a partner in the collaborative agreement;
``(ii) may not enter into a collaborative agreement only
with tribal child welfare agencies (or a consortium of the
agencies); and
``(iii) if the condition described in paragraph (2)(B)
applies, may include tribal court organizations in lieu of
other judicial partners.'';
(3) in paragraph (3)--
(A) in subparagraph (A)--
(i) by striking ``2012 through 2016'' and inserting ``2017
through 2021''; and
(ii) by striking ``$500,000 and not more than $1,000,000''
and inserting ``$250,000 and not more than $1,000,000'';
(B) in subparagraph (B)--
(i) in the subparagraph heading, by inserting ``;
planning'' after ``approval'';
(ii) in clause (i), by striking ``clause (ii)'' and
inserting ``clauses (ii) and (iii)''; and
(iii) by adding at the end the following:
``(iii) Sufficient planning.--A grant awarded under this
subsection shall be disbursed in two phases: a planning phase
(not to exceed 2 years); and an implementation phase. The
total disbursement to a grantee for the planning phase may
not exceed $250,000, and may not exceed the total anticipated
funding for the implementation phase.''; and
(C) by adding at the end the following:
``(D) Limitation on payment for a fiscal year.--No payment
shall be made under subparagraph (A) or (C) for a fiscal year
until the Secretary determines that the eligible partnership
has made sufficient progress in meeting the goals of the
grant and that the members of the eligible partnership are
coordinating to a reasonable degree with the other members of
the eligible partnership.'';
(4) in paragraph (4)--
(A) in subparagraph (B)--
(i) in clause (i), by inserting ``, parents, and families''
after ``children'';
(ii) in clause (ii), by striking ``safety and permanence
for such children; and'' and inserting ``safe, permanent
caregiving relationships for the children;'';
(iii) in clause (iii), by striking ``or'' and inserting
``increase reunification rates for children who have been
placed in out of home care, or decrease''; and
(iv) by redesignating clause (iii) as clause (v) and
inserting after clause (ii) the following:
``(iii) improve the substance abuse treatment outcomes for
parents including retention in treatment and successful
completion of treatment;

[[Page S7049]]

``(iv) facilitate the implementation, delivery, and
effectiveness of prevention services and programs under
section 471(e); and'';
(B) in subparagraph (D), by striking ``where
appropriate,''; and
(C) by striking subparagraphs (E) and (F) and inserting the
following:
``(E) A description of a plan for sustaining the services
provided by or activities funded under the grant after the
conclusion of the grant period, including through the use of
prevention services and programs under section 471(e) and
other funds provided to the State for child welfare and
substance abuse prevention and treatment services.
``(F) Additional information needed by the Secretary to
determine that the proposed activities and implementation
will be consistent with research or evaluations showing which
practices and approaches are most effective.'';
(5) in paragraph (5)(A), by striking ``abuse treatment''
and inserting ``use disorder treatment including medication
assisted treatment and in-home substance abuse disorder
treatment and recovery'';
(6) in paragraph (7)--
(A) by striking ``and'' at the end of subparagraph (C); and
(B) by redesignating subparagraph (D) as subparagraph (E)
and inserting after subparagraph (C) the following:
``(D) demonstrate a track record of successful
collaboration among child welfare, substance abuse disorder
treatment and mental health agencies; and'';
(7) in paragraph (8)--
(A) in subparagraph (A)--
(i) by striking ``establish indicators that will be'' and
inserting ``review indicators that are''; and
(ii) by striking ``in using funds made available under such
grants to achieve the purpose of this subsection'' and
inserting ``and establish a set of core indicators related to
child safety, parental recovery, parenting capacity, and
family well-being. In developing the core indicators, to the
extent possible, indicators shall be made consistent with the
outcome measures described in section 471(e)(6)''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i), by inserting ``base
the performance measures on lessons learned from prior rounds
of regional partnership grants under this subsection, and''
before ``consult''; and
(ii) by striking clauses (iii) and (iv) and inserting the
following:
``(iii) Other stakeholders or constituencies as determined
by the Secretary.'';
(8) in paragraph (9)(A), by striking clause (i) and
inserting the following:
``(i) Semiannual reports.--Not later than September 30 of
each fiscal year in which a recipient of a grant under this
subsection is paid funds under the grant, and every 6 months
thereafter, the grant recipient shall submit to the Secretary
a report on the services provided and activities carried out
during the reporting period, progress made in achieving the
goals of the program, the number of children, adults, and
families receiving services, and such additional information
as the Secretary determines is necessary. The report due not
later than September 30 of the last such fiscal year shall
include, at a minimum, data on each of the performance
indicators included in the evaluation of the regional
partnership.''; and
(9) in paragraph (10), by striking ``2012 through 2016''
and inserting ``2017 through 2021''.

Subtitle C--Miscellaneous

SEC. 131. REVIEWING AND IMPROVING LICENSING STANDARDS FOR
PLACEMENT IN A RELATIVE FOSTER FAMILY HOME.

(a) Identification of Reputable Model Licensing
Standards.--Not later than October 1, 2017, the Secretary of
Health and Human Services shall identify reputable model
licensing standards with respect to the licensing of foster
family homes (as defined in section 472(c)(1) of the Social
Security Act).
(b) State Plan Requirement.--Section 471(a) of the Social
Security Act (42 U.S.C. 671(a)) is amended--
(1) in paragraph (34)(B), by striking ``and'' after the
semicolon;
(2) in paragraph (35)(B), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(36) provides that, not later than April 1, 2018, the
State shall submit to the Secretary information addressing--
``(A) whether the State licensing standards are in accord
with model standards identified by the Secretary, and if not,
the reason for the specific deviation and a description as to
why having a standard that is reasonably in accord with the
corresponding national model standards is not appropriate for
the State;
``(B) whether the State has elected to waive standards
established in 471(a)(10)(A) for relative foster family homes
(pursuant to waiver authority provided by 471(a)(10)(D)), a
description of which standards the State most commonly
waives, and if the State has not elected to waive the
standards, the reason for not waiving these standards;
``(C) if the State has elected to waive standards specified
in subparagraph (B), how caseworkers are trained to use the
waiver authority and whether the State has developed a
process or provided tools to assist caseworkers in waiving
nonsafety standards per the authority provided in
471(a)(10)(D) to quickly place children with relatives; and
``(D) a description of the steps the State is taking to
improve caseworker training or the process, if any; and''.

SEC. 132. DEVELOPMENT OF A STATEWIDE PLAN TO PREVENT CHILD
ABUSE AND NEGLECT FATALITIES.

Section 422(b)(19) of the Social Security Act (42 U.S.C.
622(b)(19)) is amended to read as follows:
``(19) document steps taken to track and prevent child
maltreatment deaths by including--
``(A) a description of the steps the State is taking to
compile complete and accurate information on the deaths
required by Federal law to be reported by the State agency
referred to in paragraph (1), including gathering relevant
information on the deaths from the relevant organizations in
the State including entities such as State vital statistics
department, child death review teams, law enforcement
agencies, offices of medical examiners or coroners; and
``(B) a description of the steps the state is taking to
develop and implement of a comprehensive, statewide plan to
prevent the fatalities that involves and engages relevant
public and private agency partners, including those in public
health, law enforcement, and the courts.''.

SEC. 133. MODERNIZING THE TITLE AND PURPOSE OF TITLE IV-E.

(a) Part Heading.--The heading for part E of title IV of
the Social Security Act (42 U.S.C. 670 et seq.) is amended to
read as follows:

``PART E--FEDERAL PAYMENTS FOR FOSTER CARE, PREVENTION, AND
PERMANENCY''.

(b) Purpose.--The first sentence of section 470 of such Act
(42 U.S.C. 670) is amended--
(1) by striking ``1995) and'' and inserting ``1995),'';
(2) by inserting ``kinship guardianship assistance, and
prevention services or programs specified in section
471(e)(1),'' after ``needs,''; and
(3) by striking ``(commencing with the fiscal year which
begins October 1, 1980)''.

SEC. 134. EFFECTIVE DATES.

(a) Effective Dates.--
(1) In general.--Except as provided in paragraph (2),
subject to subsection (b), the amendments made by this title
shall take effect on January 1, 2017.
(2) Exceptions.--The amendments made by sections 131 and
133 shall take effect on the date of enactment of this Act.
(b) Transition Rule.--
(1) In general.--In the case of a State plan under part B
or E of title IV of the Social Security Act which the
Secretary of Health and Human Services determines requires
State legislation (other than legislation appropriating
funds) in order for the plan to meet the additional
requirements imposed by the amendments made by this title,
the State plan shall not be regarded as failing to comply
with the requirements of such part solely on the basis of the
failure of the plan to meet such additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of the
session shall be deemed to be a separate regular session of
the State legislature.
(2) Application to programs operated by indian tribal
organizations.--In the case of an Indian tribe, tribal
organization, or tribal consortium which the Secretary of
Health and Human Services determines requires time to take
action necessary to comply with the additional requirements
imposed by the amendments made by this title (whether the
tribe, organization, or tribal consortium has a plan under
section 479B of the Social Security Act or a cooperative
agreement or contract entered into with a State), the
Secretary shall provide the tribe, organization, or tribal
consortium with such additional time as the Secretary
determines is necessary for the tribe, organization, or
tribal consortium to take the action to comply with the
additional requirements before being regarded as failing to
comply with the requirements.

TITLE II--ENSURING THE NECESSITY OF A PLACEMENT THAT IS NOT IN A FOSTER
FAMILY HOME

SEC. 201. LIMITATION ON FEDERAL FINANCIAL PARTICIPATION FOR
PLACEMENTS THAT ARE NOT IN FOSTER FAMILY HOMES.

(a) Limitation on Federal Financial Participation.--
(1) In general.--Section 472 of the Social Security Act (42
U.S.C. 672), as amended by section 112, is amended--
(A) in subsection (a)(2)(C), by inserting ``, but only to
the extent permitted under subsection (k)'' after
``institution''; and
(B) by adding at the end the following:
``(k) Limitation on Federal Financial Participation.--
``(1) In general.--Beginning with the third week for which
foster care maintenance payments are made under this section
on behalf of a child placed in a child-care institution, no
Federal payment shall be made to the

[[Page S7050]]

State under section 474(a)(1) for amounts expended for foster
care maintenance payments on behalf of the child unless--
``(A) the child is placed in a child-care institution that
is a setting specified in paragraph (2) (or is placed in a
licensed residential family-based treatment facility
consistent with subsection (j)); and
``(B) in the case of a child placed in a qualified
residential treatment program (as defined in paragraph (4)),
the requirements specified in paragraph (3) and section
475A(c) are met.
``(2) Specified settings for placement.--The settings for
placement specified in this paragraph are the following:
``(A) A qualified residential treatment program (as defined
in paragraph (4)).
``(B) A setting specializing in providing prenatal, post-
partum, or parenting supports for youth.
``(C) In the case of a child who has attained 18 years of
age, a supervised setting in which the child is living
independently.
``(D) A setting providing high-quality residential care and
supportive services to children and youth who have been found
to be, or are at risk of becoming, sex trafficking victims,
in accordance with section 471(a)(9)(C).
``(3) Assessment to determine appropriateness of placement
in a qualified residential treatment program.--
``(A) Deadline for assessment.--In the case of a child who
is placed in a qualified residential treatment program, if
the assessment required under section 475A(c)(1) is not
completed within 30 days after the placement is made, no
Federal payment shall be made to the State under section
474(a)(1) for any amounts expended for foster care
maintenance payments on behalf of the child during the
placement.
``(B) Deadline for transition out of placement.--If the
assessment required under section 475A(c)(1) determines that
the placement of a child in a qualified residential treatment
program is not appropriate, a court disapproves such a
placement under section 475A(c)(2), or a child who has been
in an approved placement in a qualified residential treatment
program is going to return home or be placed with a fit and
willing relative, a legal guardian, or an adoptive parent, or
in a foster family home, Federal payments shall be made to
the State under section 474(a)(1) for amounts expended for
foster care maintenance payments on behalf of the child while
the child remains in the qualified residential treatment
program only during the period necessary for the child to
transition home or to such a placement. In no event shall a
State receive Federal payments under section 474(a)(1) for
amounts expended for foster care maintenance payments on
behalf of a child who remains placed in a qualified
residential treatment program after the end of the 30-day
period that begins on the date a determination is made that
the placement is no longer the recommended or approved
placement for the child.
``(4) Qualified residential treatment program.--For
purposes of this part, the term `qualified residential
treatment program' means a program that--
``(A) has a trauma-informed treatment model that is
designed to address the needs, including clinical needs as
appropriate, of children with serious emotional or behavioral
disorders or disturbances and, with respect to a child, is
able to implement the treatment identified for the child by
the assessment of the child required under section 475A(c);
``(B) subject to paragraphs (5) and (6), has registered or
licensed nursing staff and other licensed clinical staff
who--
``(i) provide care within the scope of their practice as
defined by State law;
``(ii) are on-site during business hours; and
``(iii) are available 24 hours a day and 7 days a week;
``(C) to extent appropriate, and in accordance with the
child's best interests, facilitates participation of family
members in the child's treatment program;
``(D) facilitates outreach to the family members of the
child, including siblings, documents how the outreach is made
(including contact information), and maintains contact
information for any known biological family and fictive kin
of the child;
``(E) documents how family members are integrated into the
treatment process for the child, including post-discharge,
and how sibling connections are maintained;
``(F) provides discharge planning and family-based
aftercare support for at least 6 months post-discharge; and
``(G) is licensed in accordance with section 471(a)(10) and
is accredited by any of the following independent, not-for-
profit organizations:
``(i) The Commission on Accreditation of Rehabilitation
Facilities (CARF).
``(ii) The Joint Commission on Accreditation of Healthcare
Organizations (JCAHO).
``(iii) The Council on Accreditation (COA).
``(iv) Any other independent, not-for-profit accrediting
organization approved by the Secretary.
``(5) Flexibility in staffing requirements for qualified
residential treatment programs.--
``(A) In general.--In the case of any State that the
Secretary determines is described in subparagraph (B) and
satisfies the requirements of subparagraphs (C) and (D),
respectively, the State may elect to satisfy the requirement
of paragraph (4)(B) that a qualified residential treatment
program have registered or licensed nursing staff and other
licensed clinical staff with clinical staff which include
staff licensed to monitor medications and physical and
behavioral health and that have demonstrated training in
child development and trauma, in lieu of with registered or
licensed nursing staff and other licensed clinical staff.
``(B) State described.--Subject to subparagraph (E), a
State is described in this subparagraph if for the most
recent fiscal year for which data are available--
``(i) the percentage of children on whose behalf foster
care maintenance payments are being made under this part who
have been placed in congregate care settings--

``(I) is at or below 7.5 percent for the fiscal year; or
``(II) has been reduced by at least 20 percent from the
preceding fiscal year; and

``(ii) the average length of stay for children in foster
care under the responsibility of the State in congregate care
settings is at or below 12 months.
``(C) Demonstration of capacity and need.--A State
described in subparagraph (B) shall be eligible to use the
alternative staffing model permitted under subparagraph (A)
if the State can demonstrate to the satisfaction of the
Secretary that the qualified residential treatment programs
utilizing the alternative staffing models permitted under
subparagraph (A) have the capacity to serve children and
youth whose treatment plans--
``(i) indicate a need for increased supervision based on
behavioral history, history of juvenile delinquency, or
history of sexual offenses; and
``(ii) require a placement that conforms to the alternative
staffing model permitted under subparagraph (A).
``(D) Annual determination of state eligibility based on
afcars and other data.--The Secretary annually shall make the
determinations required under subparagraph (B) with respect
to a State and a fiscal year, on the basis of data meeting
the requirements of the system established pursuant to
section 479, as reported by the State and approved by the
Secretary, and, to the extent the Secretary determines
necessary, on the basis of such other information reported to
the Secretary as the Secretary may require to determine that
a State is, or continues to be, a State described in
subparagraph (B).
``(E) Congregate care settings.--In this paragraph, the
term `congregate care settings' includes any settings
described as `group homes' or `institutions' for purposes of
data reported in accordance with the requirements of the
system established pursuant to section 479 or any similar
placement settings reported in accordance with such
requirements.
``(6) Authority for frontier states to waive or modify
certain staffing requirements for qualified residential
treatment programs.--
``(A) In general.--A frontier State may waive or modify the
requirements of clause (ii) or (iii) of paragraph (4)(B) (or
both) with respect to any qualified residential treatment
program located in the frontier State.
``(B) Frontier state defined.--In this paragraph:
``(i) Frontier state.--The term `frontier State' means a
State in which at least 50 percent of the counties in the
State are frontier counties.
``(ii) Frontier county.--The term `frontier county' means a
county in which the population per square mile is 6 or less.
``(7) Administrative costs.--The prohibition in paragraph
(1) on Federal payments under section 474(a)(1) shall not be
construed as prohibiting Federal payments for administrative
expenditures incurred on behalf of a child placed in a child-
care institution and for which payment is available under
section 474(a)(3).
``(8) Rule of construction.--The requirements in paragraph
(4)(B) shall not be construed as requiring a qualified
residential treatment program to acquire nursing and
behavioral health staff solely through means of a direct
employer to employee relationship.''.
(2) Conforming amendment.--Section 474(a)(1) of the Social
Security Act (42 U.S.C. 674(a)(1)), as amended by section
112(b), is amended by striking ``section 472(j)'' and
inserting ``subsections (j) and (k) of section 472''.
(b) Definition of Foster Family Home, Child-Care
Institution.--Section 472(c) of such Act (42 U.S.C.
672(c)(1)) is amended to read as follows:
``(c) Definitions.--For purposes of this part:
``(1) Foster family home.--
``(A) In general.--The term `foster family home' means the
home of an individual or family--
``(i) that is licensed or approved by the State in which it
is situated as a foster family home that meets the standards
established for the licensing or approval; and
``(ii) in which a child in foster care has been placed in
the care of an individual, who resides with the child and who
has been licensed or approved by the State to be a foster
parent--

``(I) that the State deems capable of adhering to the
reasonable and prudent parent standard;
``(II) that provides 24-hour substitute care for children
placed away from their parents or other caretakers; and
``(III) that provides the care for not more than six
children in foster care.

``(B) State flexibility.--The number of foster children
that may be cared for in a home under subparagraph (A) may
exceed the numerical limitation in subparagraph

[[Page S7051]]

(A)(ii)(III), at the option of the State, for any of the
following reasons:
``(i) To allow a parenting youth in foster care to remain
with the child of the parenting youth.
``(ii) To allow siblings to remain together.
``(iii) To allow a child with an established meaningful
relationship with the family to remain with the family.
``(iv) To allow a family with special training or skills to
provide care to a child who has a severe disability.
``(C) Rule of construction.--Subparagraph (A) shall not be
construed as prohibiting a foster parent from renting the
home in which the parent cares for a foster child placed in
the parent's care.
``(2) Child-care institution.--
``(A) In general.--The term `child-care institution' means
a private child-care institution, or a public child-care
institution which accommodates no more than 25 children,
which is licensed by the State in which it is situated or has
been approved by the agency of the State responsible for
licensing or approval of institutions of this type as meeting
the standards established for the licensing.
``(B) Supervised settings.--In the case of a child who has
attained 18 years of age, the term shall include a supervised
setting in which the individual is living independently, in
accordance with such conditions as the Secretary shall
establish in regulations.
``(C) Exclusions.--The term shall not include detention
facilities, forestry camps, training schools, or any other
facility operated primarily for the detention of children who
are determined to be delinquent.''.
(c) Training for State Judges, Attorneys, and Other Legal
Personnel in Child Welfare Cases.--Section 438(b)(1) of such
Act (42 U.S.C. 629h(b)(1)) is amended in the matter preceding
subparagraph (A) by inserting ``shall provide for the
training of judges, attorneys, and other legal personnel in
child welfare cases on Federal child welfare policies and
payment limitations with respect to children in foster care
who are placed in settings that are not a foster family
home,'' after ``with respect to the child,''.
(d) Assurance of Nonimpact on Juvenile Justice System.--
(1) State plan requirement.--Section 471(a) of such Act (42
U.S.C. 671(a)), as amended by section 131, is further amended
by adding at the end the following:
``(37) includes a certification that, in response to the
limitation imposed under section 472(k) with respect to
foster care maintenance payments made on behalf of any child
who is placed in a setting that is not a foster family home,
the State will not enact or advance policies or practices
that would result in a significant increase in the population
of youth in the State's juvenile justice system.''.
(2) GAO study and report.--The Comptroller General of the
United States shall evaluate the impact, if any, on State
juvenile justice systems of the limitation imposed under
section 472(k) of the Social Security Act (as added by
section 201(a)(1)) on foster care maintenance payments made
on behalf of any child who is placed in a setting that is not
a foster family home, in accordance with the amendments made
by subsections (a) and (b) of this section. In particular,
the Comptroller General shall evaluate the extent to which
children in foster care who also are subject to the juvenile
justice system of the State are placed in a facility under
the jurisdiction of the juvenile justice system and whether
the lack of available congregate care placements under the
jurisdiction of the child welfare systems is a contributing
factor to that result. Not later than December 31, 2023, the
Comptroller General shall submit to Congress a report on the
results of the evaluation.

SEC. 202. ASSESSMENT AND DOCUMENTATION OF THE NEED FOR
PLACEMENT IN A QUALIFIED RESIDENTIAL TREATMENT
PROGRAM.

Section 475A of the Social Security Act (42 U.S.C. 675a) is
amended by adding at the end the following:
``(c) Assessment, Documentation, and Judicial Determination
Requirements for Placement in a Qualified Residential
Treatment Program.--In the case of any child who is placed in
a qualified residential treatment program (as defined in
section 472(k)(4)), the following requirements shall apply
for purposes of approving the case plan for the child and the
case system review procedure for the child:
``(1)(A) Within 30 days of the start of each placement in
such a setting, a qualified individual (as defined in
subparagraph (D)) shall--
``(i) assess the strengths and needs of the child using an
age-appropriate, evidence-based, validated, functional
assessment tool approved by the Secretary;
``(ii) determine whether the needs of the child can be met
with family members or through placement in a foster family
home or, if not, which setting from among the settings
specified in section 472(k)(2) would provide the most
effective and appropriate level of care for the child in the
least restrictive environment and be consistent with the
short- and long-term goals for the child, as specified in the
permanency plan for the child; and
``(iii) develop a list of child-specific short- and long-
term mental and behavioral health goals.
``(B)(i) The State shall assemble a family and permanency
team for the child in accordance with the requirements of
clauses (ii) and (iii). The qualified individual conducting
the assessment required under subparagraph (A) shall work in
conjunction with the family of, and permanency team for, the
child while conducting and making the assessment.
``(ii) The family and permanency team shall consist of all
appropriate biological family members, relative, and fictive
kin of the child, as well as, as appropriate, professionals
who are a resource to the family of the child, such as
teachers, medical or mental health providers who have treated
the child, or clergy. In the case of a child who has attained
age 14, the family and permanency team shall include the
members of the permanency planning team for the child that
are selected by the child in accordance with section
475(5)(C)(iv).
``(iii) The State shall document in the child's case plan--
``(I) the reasonable and good faith effort of the State to
identify and include all such individuals on the family of,
and permanency team for, the child;
``(II) all contact information for members of the family
and permanency team, as well as contact information for other
family members and fictive kin who are not part of the family
and permanency team;
``(III) evidence that meetings of the family and permanency
team, including meetings relating to the assessment required
under subparagraph (A), are held at a time and place
convenient for family;
``(IV) if reunification is the goal, evidence demonstrating
that the parent from whom the child was removed provided
input on the members of the family and permanency team;
``(V) evidence that the assessment required under
subparagraph (A) is determined in conjunction with the family
and permanency team;
``(VI) the placement preferences of the family and
permanency team relative to the assessment that recognizes
children should be placed with their siblings unless there is
a finding by the court that such placement is contrary to
their best interest; and
``(VII) if the placement preferences of the family and
permanency team and child are not the placement setting
recommended by the qualified individual conducting the
assessment under subparagraph (A), the reasons why the
preferences of the team and of the child were not
recommended.
``(C) In the case of a child who the qualified individual
conducting the assessment under subparagraph (A) determines
should not be placed in a foster family home, the qualified
individual shall specify in writing the reasons why the needs
of the child cannot be met by the family of the child or in a
foster family home. A shortage or lack of foster family homes
shall not be an acceptable reason for determining that a
needs of the child cannot be met in a foster family home. The
qualified individual also shall specify in writing why the
recommended placement in a qualified residential treatment
program is the setting that will provide the child with the
most effective and appropriate level of care in the least
restrictive environment and how that placement is consistent
with the short- and long-term goals for the child, as
specified in the permanency plan for the child.
``(D)(i) Subject to clause (ii), in this subsection, the
term `qualified individual' means a trained professional or
licensed clinician who is not an employee of the State agency
and who is not connected to, or affiliated with, any
placement setting in which children are placed by the State.
``(ii) The Secretary may approve a request of a State to
waive any requirement in clause (i) upon a submission by the
State, in accordance with criteria established by the
Secretary, that certifies that the trained professionals or
licensed clinicians with responsibility for performing the
assessments described in subparagraph (A) shall maintain
objectivity with respect to determining the most effective
and appropriate placement for a child.
``(2) Within 60 days of the start of each placement in a
qualified residential treatment program, a family or juvenile
court or another court (including a tribal court) of
competent jurisdiction, or an administrative body appointed
or approved by the court, independently, shall--
``(A) consider the assessment, determination, and
documentation made by the qualified individual conducting the
assessment under paragraph (1);
``(B) determine whether the needs of the child can be met
through placement in a foster family home or, if not, whether
placement of the child in a qualified residential treatment
program provides the most effective and appropriate level of
care for the child in the least restrictive environment and
whether that placement is consistent with the short- and
long-term goals for the child, as specified in the permanency
plan for the child; and
``(C) approve or disapprove the placement.
``(3) The written documentation made under paragraph (1)(C)
and documentation of the determination and approval or
disapproval of the placement in a qualified residential
treatment program by a court or administrative body under
paragraph (2) shall be included in and made part of the case
plan for the child.
``(4) As long as a child remains placed in a qualified
residential treatment program, the State agency shall submit
evidence at each status review and each permanency hearing
held with respect to the child--

[[Page S7052]]

``(A) demonstrating that ongoing assessment of the
strengths and needs of the child continues to support the
determination that the needs of the child cannot be met
through placement in a foster family home, that the placement
in a qualified residential treatment program provides the
most effective and appropriate level of care for the child in
the least restrictive environment, and that the placement is
consistent with the short- and long-term goals for the child,
as specified in the permanency plan for the child;
``(B) documenting the specific treatment or service needs
that will be met for the child in the placement and the
length of time the child is expected to need the treatment or
services; and
``(C) documenting the efforts made by the State agency to
prepare the child to return home or to be placed with a fit
and willing relative, a legal guardian, or an adoptive
parent, or in a foster family home.
``(5) In the case of any child who is placed in a qualified
residential treatment program for more than 12 consecutive
months or 18 nonconsecutive months (or, in the case of a
child who has not attained age 13, for more than 6
consecutive or nonconsecutive months), the State agency shall
submit to the Secretary--
``(A) the most recent versions of the evidence and
documentation specified in paragraph (4); and
``(B) the signed approval of the head of the State agency
for the continued placement of the child in that setting.''.

SEC. 203. PROTOCOLS TO PREVENT INAPPROPRIATE DIAGNOSES.

(a) State Plan Requirement.--Section 422(b)(15)(A) of the
Social Security Act (42 U.S.C. 622(b)(15)(A)) is amended--
(1) in clause (vi), by striking ``and'' after the
semicolon;
(2) by redesignating clause (vii) as clause (viii); and
(3) by inserting after clause (vi) the following:
``(vii) the procedures and protocols the State has
established to ensure that children in foster care placements
are not inappropriately diagnosed with mental illness, other
emotional or behavioral disorders, medically fragile
conditions, or developmental disabilities, and placed in
settings that are not foster family homes as a result of the
inappropriate diagnoses; and''.
(b) Evaluation.--Section 476 of such Act (42 U.S.C. 676),
as amended by section 111(d), is further amended by adding at
the end the following:
``(e) Evaluation of State Procedures and Protocols To
Prevent Inappropriate Diagnoses of Mental Illness or Other
Conditions.--The Secretary shall conduct an evaluation of the
procedures and protocols established by States in accordance
with the requirements of section 422(b)(15)(A)(vii). The
evaluation shall analyze the extent to which States comply
with and enforce the procedures and protocols and the
effectiveness of various State procedures and protocols and
shall identify best practices. Not later than January 1,
2019, the Secretary shall submit a report on the results of
the evaluation to Congress.''.
______