[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1679 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1679
To amend part E of title IV of the Social Security Act to strengthen
courts for at-risk children, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 12, 2005
Mr. DeWine (for himself and Mr. Rockefeller) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend part E of title IV of the Social Security Act to strengthen
courts for at-risk children, 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 ``Working to Enhance Courts for At-
Risk and Endangered Kids Act of 2005''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--COLLABORATION AMONG STATE IV-B AND IV-E AGENCY AND COURTS
Sec. 101. Collaboration on child and family services plans, child and
family service reviews, program improvement
plans, and court improvement program plans.
Sec. 102. Multidisciplinary, broad-based State child welfare
commissions.
Sec. 103. Training for abuse and neglect court personnel.
Sec. 104. Reservation of funds for collaboration support.
TITLE II--OUTCOME PERFORMANCE STANDARDS FOR ABUSE AND NEGLECT COURTS
Sec. 201. Outcome performance standards for abuse and neglect courts.
TITLE III--COURT MODEL STANDARDS
Sec. 301. Standards, training, and technical assistance for attorneys.
Sec. 302. Loan forgiveness for attorneys who represent low-income
families or individuals involved in the
family or domestic relations court system.
Sec. 303. Loan forgiveness to social workers who work for child
protective agencies.
Sec. 304. Reauthorization of court-appointed special advocate (CASA)
programs and increased funding for
expansion in rural and underserved urban
areas.
TITLE IV--CLARIFICATION ON STATE FLEXIBILITY FOR PUBLIC ACCESS TO
COURTS
Sec. 401. Clarification on State flexibility for public access to
courts.
TITLE V--COURT LEADERSHIP
Sec. 501. Sense of the Senate regarding State court leadership.
TITLE VI--SAFE AND TIMELY INTERSTATE PLACEMENT OF FOSTER CHILDREN
Sec. 601. Sense of Congress.
Sec. 602. Orderly and timely process for interstate placement of
children.
Sec. 603. Home studies.
Sec. 604. Requirement to complete background checks before approval of
any foster or adoptive placement and to
check child abuse registries; grandfather
of opt-out election; limited
nonapplication.
Sec. 605. Courts allowed access to the Federal parent locator service
to locate parents in foster care or
adoptive placement cases.
Sec. 606. Caseworker visits.
Sec. 607. Health and education records.
Sec. 608. Right to be heard in foster care proceedings.
Sec. 609. Court improvement.
Sec. 610. Reasonable efforts.
Sec. 611. Case plans.
Sec. 612. Case review system.
Sec. 613. Use of interjurisdictional resources.
TITLE VII--EFFECTIVE DATE
Sec. 701. Effective date.
TITLE I--COLLABORATION AMONG STATE IV-B AND IV-E AGENCY AND COURTS
SEC. 101. COLLABORATION ON CHILD AND FAMILY SERVICES PLANS, CHILD AND
FAMILY SERVICE REVIEWS, PROGRAM IMPROVEMENT PLANS, AND
COURT IMPROVEMENT PROGRAM PLANS.
(a) IV-B State Plans Requirement.--
(1) State plans for child welfare services.--Section 422(b)
of the Social Security Act (42 U.S.C. 622(b)) is amended--
(A) in paragraph (13), by striking ``and'' at the
end;
(B) in paragraph (14), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(15) provide that, not later than 3 years after the date
of enactment of the Working to Enhance Courts for At-Risk and
Endangered Kids Act of 2005, the State agency responsible for
administering the State plan under this subpart shall
demonstrate to the Secretary evidence of substantial, ongoing,
and meaningful collaboration among the State agency, State
court leaders and abuse and neglect courts located in the
State, and Indian tribes and tribal organizations located in
the State, with respect to the State plan under this subpart,
the State plan under subpart 2, the State plan under part E,
child and family services reviews required under section 1123A
(including the development and implementation of a statewide
assessment as part of the conformity reviews and corrective
action plans required under that section), and assessments and
implementation of improvements required under section 438,
through means such as--
``(A) meeting regularly to review policies and
procedures;
``(B) sharing data and information;
``(C) providing joint training; and
``(D) engaging in other ongoing efforts for
improved decisions and outcomes for children receiving
assistance or services funded under the programs
authorized under this part and part E of this title.''.
(2) Family preservation and support services plans.--
Section 432(a) of the Social Security Act (42 U.S.C. 629b(a))
is amended--
(A) in paragraph (8), by striking ``and'' at the
end;
(B) in paragraph (9), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end, the following:
``(10) provides that, not later than 3 years after the date
of enactment of the Working to Enhance Courts for At-Risk and
Endangered Kids Act of 2005, the State agency responsible for
administering the State plan under this subpart shall
demonstrate to the Secretary evidence of substantial, ongoing,
and meaningful collaboration among the State agency, State
court leaders and abuse and neglect courts located in the
State, and Indian tribes and tribal organizations located in
the State, with respect to the State plan under this subpart,
the State plan under subpart 1, the State plan under part E,
child and family services reviews required under section 1123A
(including the development and implementation of a statewide
assessment as part of the conformity reviews and corrective
action plans required under that section), and assessments and
implementation of improvements required under section 438,
through means such as--
``(A) meeting regularly to review policies and
procedures;
``(B) sharing data and information;
``(C) providing joint training; and
``(D) engaging in other ongoing efforts for
improved decisions and outcomes for children receiving
assistance or services funded under the programs
authorized under this part and part E of this title.''.
(b) IV-E State Plan Requirement.--Section 471(a) of the Social
Security Act (42 U.S.C. 671(a)) is amended--
(1) in paragraph (23)(B), by striking ``and'' at the end;
(2) in paragraph (24), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(25) provides that, not later than 3 years after the date
of enactment of the Working to Enhance Courts for At-Risk and
Endangered Kids Act of 2005, the State agency responsible for
administering the State plan under this part shall demonstrate
to the Secretary evidence of substantial, ongoing, and
meaningful collaboration among the State agency, State court
leaders and abuse and neglect courts located in the State, and
Indian tribes and tribal organizations located in the State,
with respect to the State plan under this part, the State plan
under subpart 1 of part B, the State plan under subpart 2 of
part B, child and family services reviews required under
section 1123A (including the development and implementation of
a statewide assessment as part of the conformity reviews and
corrective action plans required under that section), and
assessments and implementation of improvements required under
section 438, through means such as--
``(A) meeting regularly to review policies and
procedures;
``(B) sharing data and information;
``(C) providing joint training; and
``(D) engaging in other ongoing efforts for
improved decisions and outcomes for children receiving
assistance or services funded under the programs
authorized under this part and part B of this title.''.
(c) Child and Family Services Programs Review Requirement.--Section
1123A of the Social Security Act (42 U.S.C. 1320a-2a) is amended by
adding at the end the following:
``(d) Demonstration of Collaboration.--
``(1) In general.--Not later than 3 years after the date of
enactment of the Working to Enhance Courts for At-Risk and
Endangered Kids Act of 2005, the regulations referred to in
subsection (a) shall require the State agency responsible for
administering the programs authorized under subpart 1 of part B
of title IV, subpart 2 of part B of title IV, and part E of
title IV to demonstrate to the Secretary evidence of
substantial, ongoing, and meaningful collaboration among the
State agency, State court leaders and abuse and neglect courts
located in the State, and Indian tribes and tribal
organizations located in the State, with respect to the child
and family services reviews required under this section
(including the development and implementation of a statewide
assessment as part of the conformity reviews and corrective
action plans required under this section), the State plan under
subpart 1 of part B of title IV, the State plan under subpart 2
of part B of title IV, the State plan under part E of title IV,
and assessments and implementation of improvements required
under section 438, through means such as--
``(A) meeting regularly to review policies and
procedures;
``(B) sharing data and information;
``(C) providing joint training; and
``(D) engaging in other ongoing efforts for
improved decisions and outcomes for children receiving
assistance or services funded under the programs
authorized under parts B and E of title IV.
``(2) Definitions.--In this subsection:
``(A) Abuse and neglect courts.--The term `abuse
and neglect courts' has the meaning given that term in
section 475(8).
``(B) Indian tribe.--The term `Indian tribe' has
the meaning given that term in section 102(2) of the
Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 479a(2)).
``(C) Tribal organization.--The term `tribal
organization' has the meaning given that term in
section 4(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(l).''.
(d) Court Improvement Program Requirement.--Section 438 of the
Social Security Act (42 U.S.C. 629h) is amended by adding at the end
the following:
``(e) Demonstration of Collaboration.--Beginning on the date that
is 3 years after the date of enactment of the Working to Enhance Courts
for At-Risk and Endangered Kids Act of 2005, the highest State court in
a State shall not be eligible for a grant under this section with
respect to any fiscal year beginning on or after such date (or to
continue to receive funding under a grant awarded under this section
prior to such date), unless the court demonstrates to the Secretary
evidence of substantial, ongoing, and meaningful collaboration among
the State court leaders and abuse and neglect courts located in the
State, the State agency responsible for administering the State plans
under this subpart, subpart 1, and part E, and Indian tribes and tribal
organizations located in the State with respect to the development and
conduct of the assessments required under this section, the
implementation of the improvements deemed necessary as a result of such
assessments, the child and family services reviews required under
section 1123A (including the development and implementation of a
statewide assessment as part of the conformity reviews and corrective
action plans required under that section), and the State plans under
subpart 1 of part B of title IV, subpart 2 of part B of title IV, and
part E of title IV. Demonstration of such collaboration may be made
through means such as--
``(1) meeting regularly to review policies and procedures;
``(2) sharing data and information;
``(3) providing joint training; and
``(4) engaging in other ongoing efforts for improved
decisions and outcomes for children receiving assistance or
services funded under the programs authorized under parts B and
E of title IV.''.
(d) Definitions of Abuse and Neglect Court; Indian Tribe; Tribal
Organization.--
(1) In general.--Section 475 of the Social Security Act (42
U.S.C. 675) is amended by adding at the end the following:
``(8) The term `abuse and neglect courts' means the State,
local, and tribal courts that carry out State, local, or tribal
laws requiring proceedings (conducted by or under the
supervision of the courts)--
``(A) that implement part B or part E of this title
(including preliminary disposition of such
proceedings);
``(B) that determine whether a child was abused or
neglected;
``(C) that determine the advisability or
appropriateness of foster care placement; or
``(D) that determine any other legal disposition of
a child in the abuse and neglect court system.
``(9) The term `Indian tribe' has the meaning given that
term in section 102(2) of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 479a(2)).
``(10) The term `tribal organization' has the meaning given
that term in section 4(l) of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b(l).''.
(2) Conforming amendments.--
(A) Section 428(c) of the Social Security Act (42
U.S.C. 628) is amended by striking ``by subsections (e)
and (l) of section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b),
respectively'' and inserting ``in paragraphs (9) and
(10), respectively, of section 475''.
(B) Section 431(a) of the Social Security Act (42
U.S.C. 629a(a)(6)) is amended by striking paragraphs
(5) and (6) and inserting the following:
``(5) Tribal organization.--The term `tribal organization'
has the meaning given that term in section 475(10).
``(6) Indian tribe.--The term `Indian tribe' has the
meaning given that term in section 475(9).''.
SEC. 102. MULTIDISCIPLINARY, BROAD-BASED STATE CHILD WELFARE
COMMISSIONS.
(a) In General.--Part A of title XI of the Social Security Act (42
U.S.C. 1301 et seq.) is amended by inserting after section 1123A, the
following:
``multidisciplinary, broad-based state child welfare commissions
``Sec. 1123B. (a) In General.--Not later than 1 year after the date
of enactment of the Working to Enhance Courts for At-Risk and
Endangered Kids Act of 2005, each State administering a program
established under part B or E of title IV, shall establish a permanent,
multidisciplinary, broad-based commission on State child welfare
programs for the purposes of--
``(1) ensuring ongoing collaboration among State, local,
and tribal agencies and other community organizations that
serve children who have been abused or neglected, are in foster
care, or are receiving child welfare services; and
``(2) furthering the goal of providing all children with
safe, permanent families in which their physical, emotional,
and social needs are met.
``(b) Co-Chairs.--The co-chairs of the Commission shall be the
Chief Justice for the State or his or her designee and the head of the
State agency responsible for administering the State child welfare
programs or his or her designee.
``(c) Composition.--The Commission shall include representatives
of--
``(1) State, local, and tribal agencies and other community
organizations that serve children who have been abused or
neglected, are in foster care, or are receiving child welfare
services;
``(2) schools;
``(3) health care agencies or providers;
``(4) mental health agencies or providers;
``(5) child care agencies or providers;
``(6) abuse and neglect courts;
``(7) the legal and law enforcement communities;
``(8) consumers of child welfare services, to include
parents, current or former foster youth, and child advocates;
and
``(9) such other organizations, entities, or individuals as
the co-chairs of the Commission determine to be appropriate.
``(d) Duties.--The Commission shall--
``(1) monitor and report to the Secretary and the public on
the extent to which the State child welfare programs and abuse
and neglect courts are responsive to the needs of children in
their care;
``(2) develop and submit a report to the Secretary and the
public on plans to establish ongoing collaboration among State,
local, and tribal agencies and other community organizations
that serve children who have been abused or neglected, are in
foster care, or are receiving child welfare services, which
shall include recommendations for the appropriate use of
aggregate data and information sharing to improve outcomes for
such children;
``(3) provide ongoing continuity for the collaboration
procedures established in accordance with such plan;
``(4) broaden public awareness of, and support for, meeting
the needs of vulnerable children and families, including the
need for sufficient mental health, health care, education,
child care, and other services; and
``(5) perform such other tasks as the co-chairs of the
Commission determines to be appropriate.
``(e) Definitions.--In this section:
``(1) Abuse and neglect courts.--The term `abuse and
neglect courts' has the meaning given that term in section
475(8).
``(2) Commission.--The term `Commission' means the
commission required to be established under subsection (a).
``(3) State child welfare programs.--The term `State child
welfare programs' means the programs authorized under parts B
and E of title IV.
``(4) Tribal agencies.--The term `tribal agencies' means an
agency of an Indian tribe (as defined in section 475(9)).''.
(b) State Plan Requirement.--Section 471(a) of the Social Security
Act (42 U.S.C. 671(a)), as amended by section 101(b), is amended--
(1) in paragraph (24), by striking ``and'' at the end;
(2) in paragraph (25), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(26) provides that the State, not later than 1 year after
the date of enactment of the Working to Enhance Courts for At-
Risk and Endangered Kids Act of 2005, shall establish the
multidisciplinary, broad-based child welfare commission
required under section 1123B.''.
SEC. 103. TRAINING FOR ABUSE AND NEGLECT COURT PERSONNEL.
Section 438 of the Social Security Act (42 U.S.C. 629h), as amended
by section 101(d), is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Training for Abuse and Neglect Court Personnel.--
``(1) Authority to award grants.--In addition to any other
funds paid to a highest State court under this section for
fiscal year 2006 or any fiscal year thereafter, the Secretary
shall award grants to highest State courts for the purpose of
training judges, court personnel, attorneys, and other legal
personnel of abuse and neglect courts on issues relevant to the
proceedings conducted by such courts, such as child development
and other training needs specific to that court in the State.
``(2) Joint-training initiatives.--A highest State court
awarded a grant under this subsection for a fiscal year shall
ensure that a significant portion of the funds made available
under the grant is used for cross-training initiatives that are
jointly planned and executed with the State agency responsible
for administering the programs authorized under this part and
part E of this title, and Indian tribes and tribal
organizations located in the State.
``(3) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated for fiscal year 2006, $10,000,000 for making
grants under this subsection.''.
SEC. 104. RESERVATION OF FUNDS FOR COLLABORATION SUPPORT.
Sections 436(b) and 437(b) of the Social Security Act (42 U.S.C.
629f(b), 629g(b)) are each amended by adding at the end the following:
``(4) Collaboration.--The Secretary shall reserve 2 percent
for making grants to support the development and implementation
of ongoing and meaningful collaboration among the State court
leaders and abuse and neglect courts located in the State, the
State agency responsible for administering the State plans
under this subpart, subpart 1, and part E, and Indian tribes
and tribal organizations located in the State with respect to
the State plans under this subpart, subpart 1, and part E, the
development and conduct of the assessments required under
section 438 and the implementation of the improvements deemed
necessary as a result of such assessments, and the child and
family services reviews required under section 1123A (including
the development and implementation of a statewide assessment as
part of the conformity reviews and corrective action plans
required under that section).''.
TITLE II--OUTCOME PERFORMANCE STANDARDS FOR ABUSE AND NEGLECT COURTS
SEC. 201. OUTCOME PERFORMANCE STANDARDS FOR ABUSE AND NEGLECT COURTS.
Section 438 of the Social Security Act (42 U.S.C. 629h), as amended
by section 103, is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Outcome Performance Standards for Abuse and Neglect Courts.--
``(1) Authority to award grants.--
``(A) In general.--In addition to any other funds
paid to a highest State court under this section for
fiscal year 2006, the Secretary shall award grants to
highest State courts for the purpose of developing and
implementing outcome performance standards for State
abuse and neglect courts in order to achieve the goals
of the programs authorized under this part, part E, and
the Adoption and Safe Families Act of 1997 (Public Law
105-89; 111 Stat. 2115).
``(B) Requirements.--
``(i) In general.--A highest State court
that receives a grant under this subsection
shall use funds provided under the grant to
develop and implement outcome performance
standards and measurements for State abuse and
neglect courts with respect to the following
areas:
``(I) Safety.
``(II) Permanency.
``(III) Due Process.
``(IV) Timeliness.
``(ii) Recommended standards.--Outcome
performance standards and measurements
developed and implemented with funds provided
under a grant made under this subsection shall
be reasonably in accord with recommended
standards and measurements for the areas
described in subclauses (I) through (IV) of
clause (ii) issued by national organizations
concerned with such standards and measurements.
``(2) Applications.--In order to be eligible for a grant
under this subsection, a highest State court shall submit to
the Secretary an application at such time, in such form, and
including such information and assurances as the Secretary
shall require.
``(3) Allotments.--
``(A) In general.--Each highest State court which
has an application approved under paragraph (2) shall
be entitled to payment for a fiscal year specified in
paragraph (1) from the amount appropriated pursuant to
paragraph (4) for a fiscal year of an amount equal to
the sum of $85,000 plus the amount described in
subparagraph (B) for the fiscal year.
``(B) Formula.--The amount described in this
subparagraph for any fiscal year is the amount that
bears the same ratio to the amount appropriated
pursuant to paragraph (4) for a fiscal year (reduced by
the dollar amount specified in subparagraph (A) for the
fiscal year) as the number of individuals in the State
who have not attained 21 years of age bears to the
total number of such individuals in all States with
highest State courts that have approved applications
under paragraph (2).
``(4) Appropriation.--Out of any money in the Treasury of
the United States not otherwise appropriated, there are
appropriated for fiscal year 2006, $10,000,000 for making
grants under this subsection.''.
TITLE III--COURT MODEL STANDARDS
SEC. 301. STANDARDS, TRAINING, AND TECHNICAL ASSISTANCE FOR ATTORNEYS.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as
amended by section 102(b), is amended--
(1) in paragraph (25), by striking ``and'' at the end;
(2) in paragraph (26), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(27) provides that, not later than January 1, 2009, the
State shall develop and encourage the implementation of
practice standards for all attorneys representing the State or
local agency administering the program under this part,
including standards regarding the interaction of such attorneys
with other attorneys who practice before an abuse and neglect
court.''.
SEC. 302. LOAN FORGIVENESS FOR ATTORNEYS WHO REPRESENT LOW-INCOME
FAMILIES OR INDIVIDUALS INVOLVED IN THE FAMILY OR
DOMESTIC RELATIONS COURT SYSTEM.
(a) Purposes.--The purposes of this section are--
(1) to encourage attorneys to enter the field of family
law, juvenile law, or domestic relations law;
(2) to increase the number of attorneys who will represent
low-income families and individuals, and who are trained and
educated in such field; and
(3) to keep more highly trained family law, juvenile law,
and domestic relations attorneys in those fields of law for
longer periods of time.
(b) Loan Forgiveness for Family or Domestic Relations Attorneys.--
Part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071
et seq.) is amended by inserting after section 428K (20 U.S.C. 1078-11)
the following:
``SEC. 428L. LOAN FORGIVENESS FOR FAMILY LAW, JUVENILE LAW, AND
DOMESTIC RELATIONS ATTORNEYS WHO WORK IN THE DEFENSE OF
LOW-INCOME FAMILIES, INDIVIDUALS, OR CHILDREN.
``(a) Definitions.--In this section:
``(1) Eligible loan.--The term `eligible loan' means a loan
made, insured, or guaranteed under this part or part D
(excluding loans made under section 428B or 428C, or comparable
loans made under part D) for attendance at a law school.
``(2) Family law or domestic relations attorney.--The term
`family law or domestic relations attorney' means an attorney
who works in the field of family law or domestic relations,
including juvenile justice, truancy, child abuse or neglect,
adoption, domestic relations, child support, paternity, and
other areas which fall under the field of family law or
domestic relations law as determined by State law.
``(3) Highly qualified attorney.--The term `highly
qualified attorney' means an attorney who has at least 2
consecutive years of experience in the field of family or
domestic relations law serving as a representative of low-
income families or minors.
``(b) Demonstration Program.--
``(1) In general.--The Secretary may carry out a
demonstration program of assuming the obligation to repay
eligible loans for any new borrower after the date of enactment
of this section who--
``(A) obtains a Juris Doctorate (JD) and takes not
less than 1 law school class in family law, juvenile
law, domestic relations law, or a class that the
Secretary finds equivalent to any such class pursuant
to regulations prescribed by the Secretary; and
``(B) has worked fulltime for a State or local
government entity, or a nonprofit private entity, as a
family law or domestic relations attorney on behalf of
low-income individuals in the family or domestic
relations court system for 2 consecutive years
immediately preceding the year for which the
determination was made.
``(2) Award basis.--Loan repayment under this section shall
be on a first-come, first-served basis and subject to the
availability of appropriations.
``(3) Priority.--The Secretary shall give priority in
providing loan repayment under this section for a fiscal year
to student borrowers who received loan repayment under this
section for the preceding fiscal year.
``(c) Loan Repayment.--
``(1) In general.--For each eligible individual selected
for the demonstration program under subsection (b), the
Secretary shall assume the obligation to repay--
``(A) after the third consecutive year of
employment described in subparagraph (B) of subsection
(b)(1), 20 percent of the total amount of all eligible
loans;
``(B) after the fourth consecutive year of such
employment, 30 percent of the total amount of all
eligible loans; and
``(C) after the fifth consecutive year of such
employment, 50 percent of the total amount of all
eligible loans.
``(2) Construction.--Nothing in this section shall be
construed to authorize any refunding of any repayment of a loan
made under this part or part D.
``(3) Interest.--If a portion of a loan is repaid by the
Secretary under this section for any year, the proportionate
amount of interest on such loan that accrues for such year
shall be repaid by the Secretary.
``(4) Ineligibility of national service award recipients.--
No student borrower may, for the same service, receive a
benefit under both this section and subtitle D of title I of
the National and Community Service Act of 1990 (42 U.S.C. 12601
et seq.).
``(d) Repayment to Eligible Lenders.--The Secretary shall pay to
each eligible lender or holder for each fiscal year an amount equal to
the aggregate amount of eligible loans which are subject to repayment
pursuant to this section for such year.
``(e) Application for Repayment.--
``(1) In general.--Each eligible individual desiring loan
repayment under this section shall submit a complete and
accurate application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
``(2) Conditions.--An eligible individual may apply for
loan repayment under this section after completing each year of
qualifying employment. The borrower shall receive forbearance
while engaged in qualifying employment unless the borrower is
in deferment while so engaged.
``(f) Evaluation.--
``(1) In general.--The Secretary shall conduct, by grant or
contract, an independent national evaluation of the impact of
the demonstration program assisted under this section on the
field of family and domestic relations law.
``(2) Competitive basis.--The grant or contract described
in this subsection shall be awarded on a competitive basis.
``(3) Contents.--The evaluation described in this
subsection shall determine whether the loan forgiveness program
assisted under this section--
``(A) has increased the number of highly qualified
attorneys;
``(B) has contributed to increased time on the job
for family law or domestic relations attorneys, as
measured by--
``(i) the length of time family law or
domestic relations attorneys receiving loan
forgiveness under this section have worked in
the family law or domestic relations field; and
``(ii) the length of time family law or
domestic relations attorneys continue to work
in such field after the attorneys meet the
requirements for loan forgiveness under this
section;
``(C) has increased the experience and the quality
of family law or domestic relations attorneys; and
``(D) has contributed to better family outcomes, as
determined after consultation with the Secretary of
Health and Human Services and the Attorney General.
``(4) Interim and final evaluation reports.--The Secretary
shall prepare and submit to the President and Congress such
interim reports regarding the evaluation described in this
section as the Secretary determines appropriate, and shall
prepare and submit a final report regarding the evaluation by
September 30, 2010.
``(g) Regulations.--The Secretary is authorized to prescribe such
regulations as may be necessary to carry out the provisions of this
section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for fiscal year
2006, and such sums as are necessary for each of the 4 succeeding
fiscal years.''.
SEC. 303. LOAN FORGIVENESS TO SOCIAL WORKERS WHO WORK FOR CHILD
PROTECTIVE AGENCIES.
Part B of title IV of the Higher Education Act of 1965 (20 U.S.C.
1071 et seq.) is amended by inserting after section 428K (20 U.S.C.
1078-11) the following:
``SEC. 428L. LOAN FORGIVENESS FOR CHILD WELFARE WORKERS.
``(a) Purposes.--The purposes of this section are--
``(1) to bring more highly trained individuals into the
child welfare profession; and
``(2) to keep more highly trained child welfare workers in
the child welfare field for longer periods of time.
``(b) Definitions.--In this section:
``(1) Child welfare services.--The term `child welfare
services' has the meaning given the term in section 425 of the
Social Security Act.
``(2) Child welfare agency.--The term `child welfare
agency' means the State agency responsible for administering
subpart 1 of part B of title IV of the Social Security Act and
any public or private agency under contract with the State
agency to provide child welfare services.
``(3) Institution of higher education.--The term
`institution of higher education' has the meaning given the
term in section 101.
``(4) State.--The term `State' has the meaning given the
term in section 1101(a)(1) of the Social Security Act for
purposes of title IV of such Act, and includes an Indian tribe.
``(c) Demonstration Program.--
``(1) In general.--The Secretary may carry out a
demonstration program of assuming the obligation to repay,
pursuant to subsection (d), a loan made, insured, or guaranteed
under this part or part D (excluding loans made under sections
428B and 428C, or comparable loans made under part D) for any
new borrower after the date of enactment of this section, who--
``(A) obtains a bachelor's or master's degree in
social work;
``(B) obtains employment in public or private child
welfare services; and
``(C) has worked full time as a social worker for 2
consecutive years preceding the year for which the
determination is made.
``(2) Award basis; priority.--
``(A) Award basis.--Subject to subparagraph (B),
loan repayment under this section shall be on a first-
come, first-served basis and subject to the
availability of appropriations.
``(B) Priority.--The Secretary shall give priority
in providing loan repayment under this section for a
fiscal year to student borrowers who received loan
repayment under this section for the preceding fiscal
year.
``(3) Outreach.--The Secretary shall post a notice on a
Department Internet Web site regarding the availability of loan
repayment under this section, and shall notify institutions of
higher education regarding the availability of loan repayment
under this section.
``(4) Regulations.--The Secretary is authorized to
prescribe such regulations as may be necessary to carry out the
provisions of this section.
``(d) Loan Repayment.--
``(1) In general.--For each eligible individual selected
for the demonstration program under subsection (c), the
Secretary shall assume the obligation to repay--
``(A) after the third consecutive year of
employment described in subsection (c)(1)(C), 20
percent of the total amount of all loans made under
this part or part D (excluding loans made under section
428B or 428C, or comparable loans made under part D)
for any new borrower after the date of enactment of
this section;
``(B) after the fourth consecutive year of such
employment, 30 percent of the total amount of such
loans; and
``(C) after the fifth consecutive year of such
employment, 50 percent of the total amount of such
loans.
``(2) Construction.--Nothing in this section shall be
construed to authorize the refunding of any repayment of a loan
made under this part or part D.
``(3) Interest.--If a portion of a loan is repaid by the
Secretary under this section for any year, the proportionate
amount of interest on such loan which accrues for such year
shall be repaid by the Secretary.
``(4) Special rule.--In the case of a student borrower not
participating in loan repayment pursuant to this section who
returns to an institution of higher education after graduation
from an institution of higher education for the purpose of
obtaining a degree described in subsection (c)(1)(A), the
Secretary may assume the obligation to repay the total amount
of loans made under this part or part D incurred for returning
to an institution of higher education for the purpose of
obtaining such a degree for a maximum of 2 academic years. Such
loans shall only be repaid for borrowers who qualify for loan
repayment pursuant to the provisions of this section, and shall
be repaid in accordance with the provisions of paragraph (1).
``(5) Ineligibility of national service award recipients.--
No student borrower may, for the same service, receive a
benefit under both this section and subtitle D of title I of
the National and Community Service Act of 1990 (42 U.S.C. 12601
et seq.).
``(e) Repayment to Eligible Lenders.--The Secretary shall pay to
each eligible lender or holder for each fiscal year an amount equal to
the aggregate amount of loans that are subject to repayment pursuant to
this section for such year.
``(f) Application for Repayment.--
``(1) In general.--Each eligible individual desiring loan
repayment under this section shall submit a complete and
accurate application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
require.
``(2) Conditions.--An eligible individual may apply for
loan repayment under this section after completing each year of
qualifying employment. The borrower shall receive forbearance
while engaged in qualifying employment unless the borrower is
in deferment while so engaged.
``(g) Evaluation.--
``(1) In general.--The Secretary shall conduct, by grant or
contract, an independent national evaluation of the impact of
the demonstration program assisted under this section on the
field of child welfare services.
``(2) Competitive basis.--The grant or contract described
in paragraph (1) shall be awarded on a competitive basis.
``(3) Contents.--The evaluation described in this
subsection shall determine--
``(A) whether the loan forgiveness program has
increased child welfare workers' education in the areas
covered by loan forgiveness;
``(B) whether the loan forgiveness program has
contributed to increased time on the job for child
welfare workers as measured by--
``(i) the length of time child welfare
workers receiving loan forgiveness have worked
in the child welfare field; and
``(ii) the length of time such workers
continue to work in such field after the
workers meet the requirements for loan
forgiveness under this section; and
``(C) whether the loan forgiveness program has
increased the experience and quality of child welfare
workers and has contributed to increased performance in
the outcomes of child welfare services in terms of
child well-being, permanency, and safety, as determined
after consultation with the Secretary of Health and
Human Services.
``(4) Interim and final evaluation reports.--The Secretary
shall prepare and submit to the President and Congress such
interim reports regarding the evaluation described in this
subsection as the Secretary determines appropriate, and shall
prepare and so submit a final report regarding the evaluation
by September 30, 2010.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $20,000,000 for fiscal year
2006, and such sums as may be necessary for each of the 4 succeeding
fiscal years.''.
SEC. 304. REAUTHORIZATION OF COURT-APPOINTED SPECIAL ADVOCATE (CASA)
PROGRAMS AND INCREASED FUNDING FOR EXPANSION IN RURAL AND
UNDERSERVED URBAN AREAS.
(a) In General.--Section 218(a) of the Victims of Child Abuse Act
of 1990 (42 U.S.C. 13014(a)) is amended by striking ``$12,000,000 for
each of fiscal years 2001 through 2005'' and inserting ``$17,000,000
for each of fiscal years 2006 through 2010''.
(b) Grants for Expansion in Rural and Underserved Urban Areas.--
Section 217(c)(3) of the Victims of Child Abuse Act of 1990 (42 U.S.C.
13013(c)(3)) is amended--
(1) by inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following:
``(B) Of the amount appropriated for each of fiscal years 2006
through 2010 to carry out this subtitle, the Administrator shall use
not less than $5,000,000 of such amount to make grants for the purpose
of developing or expanding court-appointed special advocate programs in
rural and underserved urban areas.''.
TITLE IV--CLARIFICATION ON STATE FLEXIBILITY FOR PUBLIC ACCESS TO
COURTS
SEC. 401. CLARIFICATION ON STATE FLEXIBILITY FOR PUBLIC ACCESS TO
COURTS.
Section 471 of the Social Security Act (42 U.S.C. 671) is amended--
(1) in paragraph (8) of subsection (a), by inserting
``subject to subsection (c),'' after ``(8)''; and
(2) by adding at the end the following:
``(c) Nothing in paragraph (8) of subsection (a) shall be construed
to limit the flexibility of a State to determine State policies
relating to the public access to court proceedings to determine child
abuse or neglect or other court hearings held pursuant to requirements
under this part or part B, except that such policies shall, at a
minimum, ensure the safety and well-being of the child, parents, and
family.''.
TITLE V--COURT LEADERSHIP
SEC. 501. SENSE OF THE SENATE REGARDING STATE COURT LEADERSHIP.
(a) Sense of the Senate.--It is the sense of the Senate that the
Chief Justice for each State and other State court leadership should
take the lead in providing for the health, safety, and permanency of
children before State abuse and neglect courts through measures such as
the following:
(1) Establishing an office on children before State abuse
and neglect courts within the State administrative office of
the courts.
(2) Organizing State courts so that abuse and neglect cases
are heard in dedicated courts or departments, rather than in
departments with jurisdiction over multiple issues, where
feasible.
(3) Actively promoting--
(A) resource, workload, and training standards for
abuse and neglect court judges, attorneys, and other
court personnel;
(B) standards of practice for abuse and neglect
court judges; and
(C) codes of judicial conduct that support the
practices of problem-solving courts such as abuse and
neglect courts.
(4) Establishing State court procedures that enable and
encourage judges who have demonstrated competence in
proceedings before State abuse and neglect courts to build
careers on serving on such courts.
(b) Definition of Abuse and Neglect Court.--In this section, the
term ``abuse and neglect court'' has the meaning given that term in
section 475(8) of the Social Security Act (as added by section 101(d)).
TITLE VI--SAFE AND TIMELY INTERSTATE PLACEMENT OF FOSTER CHILDREN
SEC. 601. SENSE OF CONGRESS.
(a) Finding.--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 Congress.--It is the sense of 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 licensed 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 the amendments made by section
603.
SEC. 602. ORDERLY AND TIMELY PROCESS FOR INTERSTATE PLACEMENT OF
CHILDREN.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as
amended by section 301, is amended--
(1) by striking ``and'' at the end of paragraph (24);
(2) by striking the period at the end of paragraph (25) and
inserting ``; and''; and
(3) by adding at the end the following:
``(26) provide that the State shall have in effect
procedures for the orderly and timely interstate placement of
children, and procedures implemented in accordance with an
interstate compact approved by the Secretary, if incorporating
with the procedures prescribed by paragraph (27), shall be
considered to satisfy the requirement of this paragraph.''.
SEC. 603. HOME STUDIES.
(a) Orderly Process.--
(1) In general.--Section 471(a) of the Social Security Act
(42 U.S.C. 671(a)), as amended by section 602, is amended--
(A) by striking ``and'' at the end of paragraph
(25);
(B) by striking the period at the end of paragraph
(26) and inserting ``; and''; and
(C) by adding at the end the following:
``(27) provides that--
``(A)(i) 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; and
``(ii) in the case of a home study begun on or
before September 30, 2007, if the State fails to comply
with clause (i) within the 60-day period as a result of
circumstances beyond the control of the State (such as
a failure by a Federal agency to provide the results of
a background check, or the failure by any entity to
provide completed medical forms, requested by the State
at least 45 days before the end of the 60-day period),
the State shall have 75 days to comply with clause (i)
if the State documents the circumstances involved and
certifies that completing the home study is in the best
interests of the child; except that
``(iii) this subparagraph shall not be construed to
require the State to have completed, within the
applicable period, the parts of the home study
involving the education and training of the prospective
foster or adoptive parents;
``(B) the State shall treat any report described in
subparagraph (A) that is received from another State or
an Indian tribe (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 14 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 congress.--It is the sense of 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)(27) of the Social Security Act; and
(B) give full faith and credit to any home study
report completed by any other State or an Indian tribe
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.--The timely interstate home study
incentive payment payable to a State for a fiscal year shall be
$1,500 multiplied by the number of timely interstate home
studies attributed to the State under this section during the
fiscal year, subject to paragraph (2).
``(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 (reduced (but
not below zero) by the total of the amounts (if any) payable
under paragraph (3) of this subsection with respect to the
preceding 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
(as so reduced); divided by
``(B) the total of such otherwise payable incentive
payments.
``(3) Appropriations available for unpaid incentive
payments for prior fiscal years.--
``(A) In general.--If payments under this section
are reduced under paragraph (2) or subparagraph (B) of
this paragraph for a fiscal year, then, before making
any other payment under this section for the next
fiscal year, the Secretary shall pay each State whose
payment was so reduced an amount equal to the total
amount of the reductions which applied to the State,
subject to subparagraph (B) of this paragraph.
``(B) Pro rata adjustment if insufficient funds
available.--If the total amount of payments otherwise
payable under subparagraph (A) of this paragraph 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 payment shall be reduced
by a percentage equal to--
``(i) the total of the amounts so made
available; divided by
``(ii) the total of such otherwise payable
payments.
``(e) Two-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. The preceding sentence
shall not be construed to require the State to have completed,
within the 30-day period, the parts of the home study involving
the education and training of the prospective foster or
adoptive parents.
``(h) Limitations on Authorization of Appropriations.--
``(1) In general.--For payments under this section, there
are authorized to be appropriated to the Secretary, $10,000,000
for each of fiscal years 2006 through 2009.--
``(2) Availability.--Amounts appropriated under paragraph
(1) are authorized to remain available until expended.''.
(c) Repealer.--Effective October 1, 2009, section 473B of the
Social Security Act is repealed.
SEC. 604. REQUIREMENT TO COMPLETE BACKGROUND CHECKS BEFORE APPROVAL OF
ANY FOSTER OR ADOPTIVE PLACEMENT AND TO CHECK CHILD ABUSE
REGISTRIES; GRANDFATHER OF OPT-OUT ELECTION; LIMITED
NONAPPLICATION.
Section 471(a)(20) of the Social Security Act (42 U.S.C.
671(a)(20)) is amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i)--
(i) by striking ``unless an election
provided for in subparagraph (B) is made with
respect to the State'' and inserting ``except
as provided in clause (iii)'';
(ii) by striking ``on whose behalf foster
care maintenance payments or adoption
assistance payments are to be made'' and
inserting ``regardless of whether foster care
maintenance payments or adoption assistance
payments are to be made on behalf of the
child'';
(B) in each of clauses (i) and (ii), by inserting
``involving a child on whose behalf such payments are
to be so made'' after ``in any case''; and
(C) by striking ``and'' at the end of clause (ii);
and
(D) by adding at the end the following:
``(iii) clauses (i) and (ii) shall not apply to the
State if--
``(I) the State elected on or before
September 30, 2005, to make this subparagraph
(as in effect on or before such date)
inapplicable to the State; or
``(II) a record check conducted in
accordance with clause (i) or (ii) which
reveals a felony conviction or crime described
in such clause and is the basis for denying a
placement would conflict with a requirement of
State's constitution; 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;
``(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; and
``(iv) not deny a placement on the basis of
information determined as a result of a check conducted
in accordance with clause (i) or (ii) if denying a
placement on such basis would conflict with a
requirement of a State's constitution;''.
SEC. 605. 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. 606. 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. 607. 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 no cost 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. 608. 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 ensure that foster parents, preadoptive parents, and
relative caregivers of a child in foster care under the responsibility
of the State are notified of any proceeding to be held with respect to
the child, and'' after ``highest State court''.
SEC. 609. COURT IMPROVEMENT.
Section 438(a)(1) of the Social Security Act (42 U.S.C. 629h(a)(1))
is amended--
(1) by striking ``and'' at the end of subparagraph (C); and
(2) by adding at the end the following:
``(E) that determine the best strategy to use to
expedite the interstate placement of children,
including--
``(i) requiring courts in different States
to cooperate in the sharing of information;
``(ii) authorizing courts to obtain
information and testimony from agencies and
parties in other States without requiring
interstate travel by the agencies and parties;
and
``(iii) permitting the participation of
parents, children, other necessary parties, and
attorneys in cases involving interstate
placement without requiring their interstate
travel; and''.
SEC. 610. 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. 611. 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 in-State and
interstate placements'' before the period.
SEC. 612. 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. 613. 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''.
TITLE VII--EFFECTIVE DATE
SEC. 701. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this section, the
amendments made by this Act shall take effect on October 1, 2005, 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 a provision of 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 1st regular
session of the State legislature that begins after the date of
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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