Sec. 104. Restrictions on and improvements to placement in child care institutions or other settings that are not a foster family home
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Section 475(5)(A) of the Social Security Act ( 42 U.S.C. 675(5)(A) ) is amended— in clause (i), by striking , and and inserting a semicolon; in clause (ii), by striking the comma at the end and inserting ; and ; and by adding at the end the following: if the child is to be placed in a child care institution, an emergency group setting that is expected to last for more than 15 days, or any other setting that is not a foster family home, the State agency must appear before a court and verify that— a family group decisionmaking meeting was held at which it was determined that such placement is in the best interests of the child; or efforts have been made (by an individual experienced in using intensive search technology) to locate relatives or other potential guardians for the child but that those family-finding efforts, while ongoing, have thus far been unsuccessful in locating an alternative placement; and within 90 days of placement of the child in the child care institution or other setting that is not a foster family home, and every 90 days thereafter while the child remains in such setting, the State agency shall— reconsider whether such placement continues to be in the best interests of the child and supports the ongoing development of the child; and ensure that the child's case plan is updated to reflect the result of such reconsideration; .
Section 472(c) of the Social Security Act (42 U.S.C. 672(c)(1)) is amended— by striking For purposes of this part, and inserting ; and Definitions .—For purposes of this part: by striking
(1)the term and all that follows through
(2)the term , and inserting the following: The term foster family home means the home of an individual or family licensed or approved by the State in which it is situated as meeting the standards established for such licensing or approval, that provides 24-hour substitute care for children placed away from their parents or other caretakers, and that provides such care for— not more than 3 foster children who have not attained age 2; not more than 4 foster children who have attained age 2 but have not attained age 5; not more than 4 foster children who have attained age 5 but have not attained age 13; and not more than 4 foster children who have attained age 13. The maximum number of children permitted under a clause of subparagraph
(A)may be decreased by a State and only may be increased by a State for any one or more of the following reasons: To allow siblings to remain together. To allow a child with an established, meaningful relationship with the family, such as a former foster child, to remain with the family. To allow a family to provide care to a child who has a severe emotional or physical disability. The term . Section 474 of the Social Security Act ( 42 U.S.C. 674 ) is amended— in subsection (a)(1), by inserting subject to subsection
(h)before an amount equal to the Federal ; and by adding at the end the following: Notwithstanding subsection
(a)and any regulations promulgated under section 1123A(b)(3), no Federal payment shall be made under subsection (a)(1) for amounts expended during a quarter for foster care maintenance payments under section 472 for any child in a congregate care placement for— in the case of a child who has not attained age 13, more than 15 consecutive or nonconsecutive days; and in the case of a child who has attained age 13, more than 365 consecutive days or 548 nonconsecutive days, whichever occurs first. The Secretary shall make determinations relating to the age of children and length of congregate care placements on the basis of the most recent best data available. The Secretary may require States to submit such information and data as necessary to carry out this subsection. In this subsection, the term congregate care placement means placement in a child care institution or any other setting that is not a foster family home. Such term does not include placement in any of the following: A setting specializing in providing prenatal or post-partum supports for youth. A setting specializing in providing supports for parenting teens. In the case of a child who has attained 18 years of age, a supervised setting in which the child is living independently. In the case of a child with a severe physical disability, an institution specializing in treatment for children with such disabilities. An emergency placement in a setting that is not a foster family home that does not exceed 15 days. . The amendments made by this section take effect on October 1, 2015.
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Sec. 104
Restrictions on and improvements to placement in child care institutions or other settings that are not a foster family home
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