[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2779 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2779
To improve protections for children and to hold States accountable for
the orderly and timely placement of children across State lines, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 8, 2004
Mr. Domenici (for himself and Mrs. Lincoln) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To improve protections for children and to hold States accountable for
the orderly and timely placement of children across State lines, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Orderly and Timely Interstate
Placement of Foster Children Act of 2004''.
SEC. 2. SENSE OF THE CONGRESS.
(a) Finding.--The Congress finds that the Interstate Compact on the
Placement of Children (ICPC) was drafted more than 40 years ago, is
outdated, and is a barrier to the timely placement of children across
State lines.
(b) Sense of the Congress.--It is the sense of the Congress that
the States should expeditiously revise the ICPC to better serve the
interests of children and reduce unnecessary work, and that the
revision should include--
(1) limiting its applicability to children in foster care
under the responsibility of a State, except those seeking
placement in a residential facility primarily to access
clinical mental health services; and
(2) providing for deadlines for the completion and approval
of home studies as set forth in section 4.
SEC. 3. ORDERLY AND TIMELY PROCESS FOR INTERSTATE PLACEMENT OF
CHILDREN.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is
amended--
(1) by striking ``and'' at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24) and
inserting ``; and''; and
(3) by adding at the end the following:
``(25) provides that the State shall have in effect
procedures for the orderly and timely interstate placement of
children; and procedures implemented in accordance with an
interstate compact approved by the Secretary, if incorporating
the procedures prescribed by paragraph (26), shall be
considered to satisfy the requirement of this paragraph.''.
SEC. 4. HOME STUDIES.
(a) Orderly Process.--
(1) In general.--Section 471(a) of the Social Security Act
(42 U.S.C. 671(a)) is further amended--
(A) by striking ``and'' at the end of paragraph
(24);
(B) by striking the period at the end of paragraph
(25) and inserting ``; and''; and
(C) by adding at the end the following:
``(26) provides that--
``(A) within 60 days after the State receives from
another State a request to conduct a study of a home
environment for purposes of assessing the
appropriateness of placing a child in the home, the
State shall, directly or by contract--
``(i) conduct and complete the study; and
``(ii) return to the other State a report
on the results of the study, which shall
address the extent to which placement in the
home would meet the needs of the child;
``(B) the State shall treat any report described in
subparagraph (A) that is received from another State
(or from a private agency under contract with another
State) as meeting any requirements imposed by the State
for the completion of a home study before placing a
child in the home, unless, within 7 days after receipt
of the report, the State determines, based on grounds
that are specific to the content of the report, that
making a decision in reliance on the report would be
contrary to the welfare of the child; and
``(C) the State shall not impose any restriction on
the ability of a State agency administering, or
supervising the administration of, a State program
operated under a State plan approved under this part to
contract with a private agency for the conduct of a
home study described in subparagraph (A).''.
(2) Sense of the congress.--It is the sense of the Congress
that each State should--
(A) use private agencies to conduct home studies
when doing so is necessary to meet the requirements of
section 471(a)(26) of the Social Security Act; and
(B) give full faith and credit to any home study
report completed by any other State with respect to the
placement of a child in foster care or for adoption.
(b) Timely Interstate Home Study Incentive Payments.--Part E of
title IV of the Social Security Act (42 U.S.C. 670-679b) is amended by
inserting after section 473A the following:
``SEC. 473B. TIMELY INTERSTATE HOME STUDY INCENTIVE PAYMENTS.
``(a) Grant Authority.--The Secretary shall make a grant to each
State that is a home study incentive-eligible State for a fiscal year
in an amount equal to the timely interstate home study incentive
payment payable to the State under this section for the fiscal year,
which shall be payable in the immediately succeeding fiscal year.
``(b) Home Study Incentive-Eligible State.--A State is a home study
incentive-eligible State for a fiscal year if--
``(1) the State has a plan approved under this part for the
fiscal year;
``(2) the State is in compliance with subsection (c) for
the fiscal year; and
``(3) based on data submitted and verified pursuant to
subsection (c), the State has completed a timely interstate
home study during the fiscal year.
``(c) Data Requirements.--
``(1) In general.--A State is in compliance with this
subsection for a fiscal year if the State has provided to the
Secretary a written report, covering the preceding fiscal year,
that specifies--
``(A) the total number of interstate home studies
requested by the State with respect to children in
foster care under the responsibility of the State, and
with respect to each such study, the identity of the
other State involved; and
``(B) the total number of timely interstate home
studies completed by the State with respect to children
in foster care under the responsibility of other
States, and with respect to each such study, the
identity of the other State involved.
``(2) Verification of data.--In determining the number of
timely interstate home studies to be attributed to a State
under this section, the Secretary shall check the data provided
by the State under paragraph (1) against complementary data so
provided by other States.
``(d) Timely Interstate Home Study Incentive Payments.--
``(1) In general.--Except as provided in paragraph (2) of
this subsection, the timely interstate home study incentive
payment payable to a State for a fiscal year shall be $1,000,
multiplied by the number of timely interstate home studies
attributed to the State under this section during the fiscal
year.
``(2) Pro rata adjustment if insufficient funds
available.--If the total amount of timely interstate home study
incentive payments otherwise payable under this section for a
fiscal year exceeds the total of the amounts made available
pursuant to subsection (h) for the fiscal year, the amount of
each such otherwise payable incentive payment shall be reduced
by a percentage equal to--
``(A) the total of the amounts so made available;
divided by
``(B) the total of such otherwise payable incentive
payments.
``(e) 2-Year Availability of Incentive Payments.--Payments to a
State under this section in a fiscal year shall remain available for
use by the State through the end of the next fiscal year.
``(f) Limitations on Use of Incentive Payments.--A State shall not
expend an amount paid to the State under this section except to provide
to children or families any service (including post-adoption services)
that may be provided under part B or E. Amounts expended by a State in
accordance with the preceding sentence shall be disregarded in
determining State expenditures for purposes of Federal matching
payments under sections 423, 434, and 474.
``(g) Definitions.--In this section:
``(1) Home study.--The term `home study' means a study of a
home environment, conducted in accordance with applicable
requirements of the State in which the home is located, for the
purpose of assessing whether placement of a child in the home
would be appropriate for the child.
``(2) Interstate home study.--The term `interstate home
study' means a home study conducted by a State at the request
of another State, to facilitate an adoptive or relative
placement in the State.
``(3) Timely interstate home study.--The term `timely
interstate home study' means an interstate home study completed
by a State if the State provides to the State that requested
the study, within 30 days after receipt of the request, a
report on the results of the study.
``(h) Limitations on Authorization of Appropriations.--
``(1) In general.--For grants under subsection (a), there
are authorized to be appropriated to the Secretary $10,000,000
for fiscal year 2005.
``(2) Availability.--Amounts appropriated under paragraph
(1) are authorized to remain available until expended.''.
(c) Repealer.--Effective October 1, 2008, section 473B of the
Social Security Act is repealed.
SEC. 5. REQUIREMENT TO CHECK CHILD ABUSE REGISTRIES; OPT-OUT
ELIMINATED.
Section 471(a)(20) of the Social Security Act (42 U.S.C.
671(a)(20)) is amended--
(1) in subparagraph (A), by striking ``unless an election
provided for in subparagraph (B) is made with respect to the
State,''; and
(2) by striking subparagraph (B) and inserting the
following:
``(B) provides that the State shall--
``(i) check any child abuse and neglect
registry maintained by the State for
information on any prospective foster or
adoptive parent and on any other adult living
in the home of such a prospective parent, and
request any other State in which any such
prospective parent or other adult has resided
in the preceding 5 years, to enable the State
to check any child abuse and neglect registry
maintained by such other State for such
information, before the prospective foster or
adoptive parent may be finally approved for
placement of a child, regardless of whether
foster care maintenance payments or adoption
assistance payments are to be made on behalf of
the child under the State plan under this part;
``(ii) comply with any request described in
clause (i) that is received from another State;
and
``(iii) have in place safeguards to prevent
the unauthorized disclosure of information in
any child abuse and neglect registry maintained
by the State, and to prevent any such
information obtained pursuant to this
subparagraph from being used for a purpose
other than the conducting of background checks
in foster or adoptive placement cases;''.
SEC. 6. COURTS ALLOWED ACCESS TO THE FEDERAL PARENT LOCATOR SERVICE TO
LOCATE PARENTS IN FOSTER CARE OR ADOPTIVE PLACEMENT
CASES.
Section 453(c) of the Social Security Act (42 U.S.C. 653(c)) is
amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period and inserting ``; and''; and
(3) by adding at the end the following:
``(5) any court which has authority with respect to the
placement of a child in foster care or for adoption, but only
for the purpose of locating a parent of the child.''.
SEC. 7. CASEWORKER VISITS.
(a) Purchase of Services in Interstate Placement Cases.--Section
475(5)(A)(ii) of the Social Security Act (42 U.S.C. 675(5)(A)(ii)) is
amended by striking ``or of the State in which the child has been
placed'' and inserting ``of the State in which the child has been
placed, or of a private agency under contract with either such State''.
(b) Increased Visits.--Section 475(5)(A)(ii) of such Act (42 U.S.C.
675(5)(A)(ii)) is amended by striking ``12'' and inserting ``6''.
SEC. 8. HEALTH AND EDUCATION RECORDS.
Section 475 of the Social Security Act (42 U.S.C. 675) is amended--
(1) in paragraph (1)(C)--
(A) by striking ``To the extent available and
accessible, the'' and inserting ``The''; and
(B) by inserting ``the most recent information
available regarding'' after ``including''; and
(2) in paragraph (5)(D)--
(A) by inserting ``a copy of the record is'' before
``supplied''; and
(B) by inserting ``, and is supplied to the child
at the time the child leaves foster care if the child
is leaving foster care by reason of having attained the
age of majority under State law'' before the semicolon.
SEC. 9. RIGHT TO BE HEARD IN FOSTER CARE PROCEEDINGS.
(a) In General.--Section 475(5)(G) of the Social Security Act (42
U.S.C. 675(5)(G)) is amended--
(1) by striking ``an opportunity'' and inserting ``a
right'';
(2) by striking ``and opportunity'' and inserting ``and
right''; and
(3) by striking ``review or hearing'' each place it appears
and inserting ``proceeding''.
(b) Notice of Proceeding.--Section 438(b) of such Act (42 U.S.C.
638(b)) is amended by inserting ``shall have in effect a rule requiring
State courts to notify foster parents, pre-adoptive parents, and
relative caregivers of a child in foster care under the responsibility
of the State of any proceeding to be held with respect to the child,
and'' after ``highest State court''.
SEC. 10. REASONABLE EFFORTS.
(a) In General.--Section 471(a)(15)(C) of the Social Security Act
(42 U.S.C. 671(a)(15)(C)) is amended by inserting ``(including, if
appropriate, through an interstate placement)'' after ``accordance with
the permanency plan''.
(b) Permanency Hearing.--Section 471(a)(15)(E)(i) of such Act (42
U.S.C. 671(a)(15)(E)(i)) is amended by inserting ``, which considers
in-State and out-of-State permanent placement options for the child,''
before ``shall''.
(c) Concurrent Planning.--Section 471(a)(15)(F) of such Act (42
U.S.C. 671(a)(15)(F)) is amended by inserting ``, including identifying
appropriate out-of-State relatives and placements'' before ``may''.
SEC. 11. CASE PLANS.
Section 475(1)(E) of the Social Security Act (42 U.S.C. 675(1)(E))
is amended by inserting ``to facilitate orderly and timely interstate
placements'' before the period.
SEC. 12. CASE REVIEW SYSTEM.
Section 475(5)(C) of the Social Security Act (42 U.S.C. 675(5)(C)
is amended--
(1) by inserting ``, in the case of a child who will not be
returned to the parent, the hearing shall consider in-State and
out-of-State placement options,'' after ``living arrangement'';
and
(2) by inserting ``the hearing shall determine'' before
``whether the''.
SEC. 13. USE OF INTERJURISDICTIONAL RESOURCES.
Section 422(b)(12) of the Social Security Act (42 U.S.C.
622(b)(12)) is amended--
(1) by striking ``develop plans for the'' and inserting
``make'';
(2) by inserting ``(including through contracts for the
purchase of services)'' after ``resources''; and
(3) by inserting ``, and shall eliminate legal barriers,''
before ``to facilitate''.
SEC. 14. GAO STUDY ON CHILD WELFARE BACKGROUND CHECKS.
(a) Study.--The Comptroller General of the United States shall
conduct a study of background checks that are performed for the purpose
of determining the appropriateness of placing in a foster or adoptive
home a child who is under the custody of a State. The study shall
review the policies and practices of States in order to--
(1) identify the most common delays in the background
clearance process and where in the process the delays occur;
(2) describe when background checks are initiated;
(3) determine which of local, State, or Federal (such as
FBI) background checks are used, how long it takes, on average,
for each kind of check to be processed, which crimes or other
events are included in each kind of check, how the States
differ in classifying the crimes and other events checked, and
how the information revealed by the checks is used in
determining eligibility to act as a foster or adoptive parent;
(4) examine the barriers child welfare agencies face in
accessing criminal background check information;
(5) examine the use of the latest information-sharing
technology, including electronic fingerprinting and
participation in the Integrated Automated Fingerprinting
Information System;
(6) identify the varied uses of such technology for child
welfare purposes as opposed to criminal justice purposes; and
(7) recommend best practices that can increase the speed,
efficiency, and accuracy of child welfare background checks at
all levels of government.
(b) Report to the Congress.--Within 12 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committees on Ways and Means and on Education and
the Workforce of the House of Representatives and the Committees on
Finance and on Health, Education, Labor, and Pensions of the Senate a
report which contains the results of the study required by subsection
(a).
SEC. 15. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act shall take effect on October 1, 2004, and
shall apply to payments under parts B and E of title IV of the Social
Security Act for calendar quarters beginning on or after such date,
without regard to whether regulations to implement the amendments are
promulgated by such date.
(b) Delay Permitted if State Legislation Required.--If the
Secretary of Health and Human Services determines that State
legislation (other than legislation appropriating funds) is required in
order for a State plan under part B or E of title IV of the Social
Security Act to meet the additional requirements imposed by the
amendments made by this Act, the plan shall not be regarded as failing
to meet any of the additional requirements before the 1st day of the
1st calendar quarter beginning after the first regular session of the
State legislature that begins after the date of the enactment of this
Act. If the State has a 2-year legislative session, each year of the
session is deemed to be a separate regular session of the State
legislature.
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