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Code · BILL · 113th Congress · S. 1518 (Introduced in Senate) — Improving outcomes for youth at risk for sex trafficking, and other purposes. · Sec. 105

Sec. 105. Redirecting funds for block grants to States for social services to improve child welfare and address issues of domestic sex trafficking

4,107 words·~19 min read·/bill/113/s/1518/is/section-105

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Sections 2001 through 2004 and sections 2006 and 2007 of the Social Security Act (42 U.S.C. 1397–1397c, 1397e–1397f) are repealed. Section 425 of the Social Security Act ( 42 U.S.C. 625 ) is amended— in the section heading, by inserting after ; RESERVATION OF CERTAIN AMOUNTS ; APPROPRIATIONS by inserting
(a)before To ; by striking 2016. and inserting 2014, and $725,000,000 for each of fiscal years 2015 through 2016. ; and by adding at the end the following: From the amounts specified in subsection
(a)for a fiscal year (beginning with fiscal year 2015), the Secretary shall reserve $400,000,000 for payments to States from allotments under section 423(f). . Section 421 of the Social Security Act ( 42 U.S.C. 621 ) is amended— in paragraph (2), by inserting , including the domestic sex trafficking of children after children ; in paragraph (4), by striking and after the semicolon; by redesignating paragraph
(5)as paragraph (6); and by inserting after paragraph (4), the following: providing funding to support implementation of the reasonable and prudent parent standard and the participation of children in foster care, adoptive, or kinship care families in age or developmentally appropriate activities; and . Section 423 of the Social Security Act ( 42 U.S.C. 623 ) is amended— in subsection (a), by striking The sum appropriated pursuant to section 425 for each fiscal year shall be allotted by the Secretary and inserting From the amount described in section 425(a) for any fiscal year that remains after applying section 425(b) for the fiscal year, the Secretary shall make allotments to States ; and by adding at the end the following: Beginning with fiscal year 2015, in addition to any allotment for a State determined under subsection
(a)for a fiscal year, the Secretary shall determine for each State for which an allotment is made under that subsection for the fiscal year, an additional allotment equal to the sum of— the exploitation prevention amount determined for the State for the fiscal year under paragraph (2); and the normalcy support amount determined for the State for the fiscal year under paragraph (3). The exploitation prevention amount of a State allotment made under this subsection for a fiscal year shall only be used by a State to carry out the purpose described in section 421(2) in accordance with clause
(ii)and the normalcy support amount of a State allotment made under this subsection for a fiscal year shall only be used to carry out the purpose described in section 421(5) in accordance with clause (iii). In addition to other activities to prevent the neglect, abuse, or exploitation of children, funds made available from the exploitation prevention amount of a State allotment made under this subsection for a fiscal year may be used for any or all of the following: Establishment of a hotline uniquely prepared to receive calls from youth in foster care, or other youth, concerning neglect, sexual or physical abuse, or exploitation, and whose staff, which may include trained foster care alumni, are equipped to provide such youth with guidance and reassurance related to reporting such neglect, abuse, or exploitation, and are able to offer other supports (including appropriate referrals for mental health or law enforcement services) for such youth. Healthy relationship training for youth. Efforts to identify prior child sex abuse among children and youth brought to the attention of the child welfare agency and to provide treatment and services, including mental health treatment needed as a result of being trafficked, to enable such children and youth to recover, including through support of non-profit agencies, such as children’s advocacy centers, that provide comprehensive treatment and services to child victims of sexual abuse. Activities related to identifying and preventing labor trafficking of children in foster care. Treatment for victims of trafficking and sexual abuse that recognizes the pervasiveness of trauma and makes a commitment to identify and address it early, seeks to understand the connection between presenting symptoms and behaviors and an individual's past trauma history, and provides trauma-specific treatment that is developmentally focused and specialized as needed to address complex trauma-related consequences. Funds made available from the normalcy support amount of a State allotment made under this subsection for a fiscal year shall be used for any or all of activities described in subclause
(II)and any or all of the costs described in subclause
(III)and may be used for activities described in subclause (IV). Activities related to implementation of the reasonable and prudent parent standard, including (but not limited to) any of the following: Recruitment of foster parents and training for caseworkers on how to retain and support the foster families assigned to them through the provision of an ongoing relationship with those families. Training for foster parents on the reasonable and prudent parent standard. Reviewing State licensing standards and other State or local safety certifications or provisions to ensure that such standards, certifications, and provisions do not impede the ability of children in foster care to participate in age or developmentally appropriate social, enrichment, and extracurricular activities. Removing barriers to full application of the reasonable and prudent parenting standard and to normalcy for children in foster care. Developing a list of age or developmentally appropriate activities and other information to assist caregivers in the application of the reasonable and prudent parenting standard. Reviewing liability provisions in the State to clarify the ability of caregivers to apply the reasonable and prudent parenting standard while continuing to ensure their accountability. Training on identification of prior sexual abuse, keeping children safe from sexual abuse, and keeping children and youth safe from trafficking. To pay directly, or to reimburse, payment for any trips fees, uniforms, materials, or costs associated with the participation of children in foster care, or, at the discretion of the State, in kinship care or guardianship arrangements, in age or developmentally appropriate activities, including entertainment or recreational activities that are age or developmentally appropriate and typical for children in the general public, to pay for costs associated with permitting age or developmentally appropriate access of children in foster care to cell phones and computers, and to pay for costs associated with providing transportation for children in foster care to and from part-time employment. Activities related to complying with the requirements of section 471(a)(30) and paragraphs (1)(G) and (4)(A) of section 475, as added by section 204 of the Fostering Connections to Success and Increasing Adoptions Act of 2008 ( Public Law 110–351 ). Expenditures from the normalcy support amount of a State allotment made under this subsection for a fiscal year that are described in clause (iii)(II) shall not be considered to be expenditures for foster care maintenance payments under this part. The Secretary shall conduct, by grant, contract, or interagency agreement, an evaluation of the activities carried out with funds made available from the exploitation prevention amount of State allotments made under this subsection and, not later than October 1, 2018, shall submit a report to Congress that includes best practices for the use of such funds. With respect to a State and a fiscal year, the exploitation prevention amount is equal to the product of $200,000,000 and the ratio of— the amount of the allotment determined under subsection
(a)for the State for the fiscal year (without regard to any amounts reallotted to the State under subsection
(e)for the year); to the sum of the allotments determined for all States for the fiscal year under subsection
(a)(as so determined). With respect to a State and a fiscal year, the normalcy support amount is equal to the product of $200,000,000 and the ratio of— the amount of the allotment determined under subsection
(a)for the State for the fiscal year (without regard to any amounts reallotted to the State under subsection
(e)for the year); to the sum of the allotments determined for all States for the fiscal year under subsection
(a)(as so determined). The amount of any allotment made to a State for a fiscal year under this subsection which the State certifies to the Secretary will not be required for carrying out the purposes specified in paragraph (1)(B), shall be reallotted to other States in the same manner as unused amounts of allotments made under subsection
(a)are reallotted under subsection (e). Amounts reallotted to a State under this paragraph shall be deemed to be part of the allotment made to the State under this subsection for a fiscal year and only may be used to carry out the purposes specified in paragraph (1)(B). . Section 424 of the Social Security Act ( 42 U.S.C. 624 ) is amended— in subsection (a)— by striking allotment and inserting allotments ; and by striking section 422 an and inserting section 422, and in addition, from the allotment made under section 423(f), each State that has such a plan shall be entitled to payment, of a total ; in subsection (b)(2)— by striking the allotment and inserting each of the allotments ; and by striking amount each place it appears and inserting total amount ; and in paragraphs (1)(B) and (2)(B) of subsection (f), by striking subsection
(a)for the fiscal year each place it appears, and inserting the portion of the payment made to a State for the fiscal year under this section that is attributable to the allotment determined under section 423(a) . Section 428(b) of the Social Security Act ( 42 U.S.C. 628(b) ) is amended by inserting under subsection
(a)or
(f)of before section 423 . Section 436(a) of the Social Security Act (42 U.S.C. 629f(a)) is amended by striking 2016. and inserting 2014, and $1,095,000,000 for each of fiscal years 2015 through 2016. . Section 431(a) of the Social Security Act ( 42 U.S.C. 629a(a) ) is amended— in paragraph (1)— in subparagraph (E), by striking and after the semicolon; in subparagraph (F), by striking the period at the end and inserting a semicolon; and by adding at the end the following: residential family treatment programs; intensive family-finding efforts that utilize search technology developed by public or private entities and coordinated efforts with public and private entities to locate and reestablish relationships with biological family members or other guardians for children in the child welfare system, and once identified, work to reestablish those relationships and explore ways to find a permanent family placement for the children; services designed to identify and address domestic violence that endangers children and results in the placement of children in foster care. ; and by adding at the end the following: The term residential family treatment program means a program that enables parents and their children to live in a safe environment for a period of not less than 6 months and provides, on-site or by referral, substance abuse treatment services, children's early intervention services, family counseling, medical, and mental health services, nursery and pre-school, and other services that are designed to provide comprehensive treatment that supports the family. . Section 436(b) of the Social Security Act (42 U.S.C. 629f(b)) is amended by adding at the end the following: The Secretary shall reserve $200,000,000 for each of fiscal years 2015 through 2016 for allotment in accordance with section 433(f). A State to which an amount is paid from amounts reserved under subparagraph
(A)shall use the amount to provide family preservation services and shall use at least 10 percent of such amount for providing such services through residential family treatment programs. The Secretary shall reserve $40,000,000 for each of fiscal years 2015 through 2016 for allotment in accordance with section 433(f). A State to which an amount is paid from amounts reserved under subparagraph
(A)shall use the amount to provide post-permanency services, including with respect to family reunification, guardianship, and adoption. The Secretary shall reserve $40,000,000 for each of fiscal years 2015 through 2016 for allotment in accordance with section 433(f). A State to which an amount is paid from amounts reserved under subparagraph
(A)shall use the amount to provide services to parents and foster families that are similar to the services provided in therapeutic foster care programs for parents and foster families. The Secretary shall reserve $15,000,000 for each of fiscal years 2015 through 2016 for awarding grants under section 427. . Section 436(b)(3) of the Social Security Act (42 U.S.C. 629f(b)(3)) is amended by striking After applying and all that follows through percent and inserting The Secretary shall reserve $9,150,000 . Section 434(a) of the Social Security Act (42 U.S.C. 629d(a)) is amended— in paragraph (1)(B), by striking and after the semicolon; in paragraph (2)(B), by striking the period at the end and inserting ; and ; and by adding at the end the following: the lesser of — 75 percent of the total expenditures by the State in accordance with paragraphs (6)(B), (7)(B), and (8)(B), respectively, of section 436(b) during the fiscal year or the immediately succeeding fiscal year; or the allotment amount of the State under section 433(f) for the fiscal year. . Section 433 of the Social Security Act ( 42 U.S.C. 629c ) is amended by adding at the end the following: From the amounts reserved pursuant to paragraphs (6), (7), and (8), respectively, of section 436(b) for any fiscal year, the Secretary shall allot, separately with respect to each such amount reserved, to each jurisdiction specified in subsection
(b)of this section, an amount determined in the same manner as the allotment to each of such jurisdictions is determined under section 423 (without regard to the initial allotment of $70,000 to each State). From the amounts reserved pursuant to paragraphs (6), (7), and (8), respectively, of section 436(b) for any fiscal year that remains after applying paragraph
(1)of this subsection for the fiscal year, the Secretary shall allot, separately with respect to each such amount reserved, to each State (other than an Indian tribe) not specified in subsection
(b)of this section, an amount equal to such remaining amount multiplied by the supplemental nutrition assistance program benefits percentage of the State (as defined in subsection (c)(2) of this section) for the fiscal year, except that in applying subsection (c)(2)(A) of this section, subsection (f)(2) shall be substituted for such paragraph
(1). . Section 432(a) of the Social Security Act (42 U.S.C. 629b(a)) is amended— in paragraph (4), by inserting (other than expenditures by the State from funds reserved under paragraphs (6), (7), (8), and
(9)respectively, of section 436(b) after the remaining expenditures ; and in paragraph (8)(B)— in clause (i), by inserting , and specifically the planned expenditures by the State in accordance with paragraphs (6)(B), (7)(B), and (8)(B), respectively, of section 436(b) before the semicolon; and in clause (ii), by inserting , and specifically with respect to the services and programs for which funds are reserved under paragraphs (6), (7), and (8), respectively, of section 436(b), after subpart 1 . Section 436(b)(2) of the Social Security Act (42 U.S.C. 629f(b)(2)) is amended by striking $30,000,000 and inserting $180,000,000 . Section 438(a) of the Social Security Act (42 U.S.C. 629h(a)) is amended— in paragraph (1)(A), by inserting , including the requirements under section 471(a)(9)(C) relating to protecting children from domestic sex trafficking) after E ; in paragraph (2)— in subparagraph (A), by inserting , and to ensure collaboration between the courts, child welfare agencies, law enforcement, Court Appointed Special Advocates, and social service agencies in the identification, prevention, and intervention of domestic sex trafficking of children after concurrent planning ; by redesignating subparagraphs
(B)and
(C)as subparagraphs
(D)and (E), respectively; and by inserting after subparagraph (A), the following: to coordinate between court, child welfare, law enforcement, and social service agencies with respect to the recruitment, encouragement, and retention of foster and adoptive parents, guardians and relative caregivers who are willing and able to meet the reasonable and prudent parent standard; to ensure that court processes encourage and facilitate participation in age or developmentally appropriate activities by youth in foster care and enhance the opportunities of such youth to make positive connections with their peers, their siblings and with caring adults; ; and in paragraph (4)— in subparagraph (A), by striking cases; and and inserting cases, including on the reasonable and prudent parent standard for caregivers and improved oversight of such cases where another planned permanent living arrangement is the permanency plan; ; by redesignating subparagraph
(B)as subparagraph
(C)and realigning the left margin so as to align with paragraph (4); and by inserting after subparagraph (A), the following: to provide for the training of court, child welfare, law enforcement, Court Appointed Special Advocates, and social service agencies personnel on the identification, prevention, and intervention of domestic sex trafficking; and . Section 438(c)(3)(A) of such Act ( 42 U.S.C. 629h(c)(3)(A) ) is amended— in clause (i), by striking $9,000,000 and inserting $129,000,000 ; in clause (iii), by striking $10,000,000 and inserting $35,000,000 ; and in clause (iv), by striking $1,000,000 and inserting $6,000,000 . Section 426 of such Act ( 42 U.S.C. 626 ) is amended— in the section heading, by inserting ; and ; TECHNICAL ASSISTANCE by adding at the end the following: Out of any money in the Treasury not otherwise appropriated, there are appropriated to the Secretary for fiscal year 2015, $49,000,000, to remain available until expended, for the purpose of providing technical assistance to child welfare agencies, each highest State court that receives funds under section 438, and law enforcement agencies in implementing the requirements under section 471(a)(9)(C) (relating to protecting children from domestic sex trafficking). The Secretary shall consult with the Attorney General on the provision of technical assistance under this subsection. . Title XX of such Act ( 42 U.S.C. 1397 et seq. ) is amended— in the title heading, by striking and inserting BLOCK GRANTS TO STATES FOR SOCIAL SERVICES ; HEALTH PROFESSIONS DEMONSTRATIONS, ENVIRONMENTAL HEALTH CONDITION DETECTION, in the heading for subtitle A, by striking and inserting Block Grants to States for Social Services ; Health Professions Demonstrations and Environmental Health Condition Detection by redesignating sections 2005, 2008, and 2009 as sections 2001, 2002, and 2003 respectively; in section 2002(d)(2) (as redesignated by subparagraph (C)), by striking Section 2005(a) and inserting Section 2001(a) ; and in section 2003(f)(2) (as so redesignated), by striking Section 2005(a) and inserting Section 2001(a) . Section 404(d) of the Social Security Act (42 U.S.C. 604(d)) is amended to read as follows: Subject to paragraph (2), a State may use not more than 30 percent of the amount of any grant made to the State under section 403(a) for a fiscal year for any or all of the following: To develop, strengthen, and carry out programs for the prevention, detection, assessment, and treatment of, intervention in, investigation of, and response to elder abuse, neglect, and exploitation under section 721 of the Older Americans Act of 1965. To carry out a State program pursuant to the Child Care and Development Block Grant Act of 1990. To provide special services for persons with developmental or physical disabilities, or persons with visual or auditory impairments, to maximize the potential of such persons and to enable such persons to live in the least restrictive environment possible. Such services may include personal and family counseling, respite care, family supports, recreation, transportation, aid to assist with independent functioning in the community, training in mobility, communication skills, the use of special aids and appliances, and self-sufficiency skills. Residential and medical services may be included only as an integral but subordinate part of such services. Any amount paid to a State under this part that is used to carry out a program or special services specified in paragraph
(1)shall not be subject to the requirements of this part, but shall be subject to the requirements that apply to Federal funds provided directly under the provision of law to carry out the program, or, in the case of special services described in paragraph (1)(C), in accordance with such reporting and other requirements as the Secretary shall specify, and the expenditure of any amount so used shall not be considered to be an expenditure under this part. . Section 422(b) of the Social Security Act ( 42 U.S.C. 622(b) ) is amended— in paragraph (1)(A)— by striking administers or supervises and inserting administered or supervised ; and by striking subtitle 1 of title XX and inserting subtitle A of title XX (as in effect before the repeal of such subtitle) ; and in paragraph (2), by striking under subtitle 1 of title XX, . Section 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ) is amended— in paragraph (4), by striking , under subtitle 1 of title XX of this Act, ; and in paragraph (8), by striking XIX, or XX and inserting or XIX . Section 472(h)(1) of such Act ( 42 U.S.C. 672(h)(1) ) is amended by striking the second sentence. Section 473(b) of the Social Security Act ( 42 U.S.C. 673(b) ) is amended— in paragraph (1), by striking
(3)and inserting
(2); in paragraph (4), by striking paragraphs
(1)and
(2)and inserting paragraph
(1); and by striking paragraph
(2)and redesignating paragraphs
(3)and
(4)as paragraphs
(2)and (3), respectively. Section 1128(h) of the Social Security Act ( 42 U.S.C. 1320a–7(h) ) is amended— by adding or at the end of paragraph (2); and by striking paragraph
(3)and redesignating paragraph
(4)as paragraph (3). Section 1128A(i)(1) of such Act (42 U.S.C. 1320a–7a(i)(1)) is amended by striking or subtitle 1 of title XX of this Act . Section 1132(a)(1) of the Social Security Act ( 42 U.S.C. 1320b–2(a)(1) ) is amended by striking XIX, or XX and inserting or XIX . Section 1902(e)(13)(F)(iii) of the Social Security Act ( 42 U.S.C. 1396a(e)(13)(F)(iii) ) is amended— by striking and inserting Exclusions ; and Exclusion by striking an agency that determines eligibility for a program established under the Social Services Block Grant established under title XX or . Section 16(k)(5)(B)(i) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(k)(5)(B)(i)) is amended by striking , or title XX, . Section 402(b)(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(3)) is amended by striking subparagraph
(B)and redesignating subparagraph
(C)as subparagraph (B). Section 245A(h)(4)(I) of the Immigration Reform and Control Act of 1986 ( 8 U.S.C. 1255a(h)(4)(I) ) is amended by striking , XVI, and XX and inserting and XVI . Section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ) is amended— in subsection (a)(2)— in subparagraph (B)— by striking — and all that follows through
(i); by striking or at the end of clause (i); and by striking clause (ii); and in subparagraph (D)(ii), by striking or title XX ; and in subsection (o)(2)(B)— by striking or title XX each place it appears; and by striking or XX . Section 201(b) of the Indian Child Welfare Act of 1978 ( 25 U.S.C. 1931(b) ) is amended by striking titles IV–B and XX each place it appears and inserting part B of title IV . Section 3803(c)(2)(C) of title 31, United States Code, is amended by striking clause
(vi)and redesignating clauses
(vii)through
(xvi)as clauses
(vi)through (xv), respectively. Section 14502(d)(3) of title 40, United States Code, is amended— by striking and title XX ; and by striking , 1397 et seq. . Section 2006(a)(15) of the Public Health Service Act ( 42 U.S.C. 300z–5(a)(15) ) is amended by striking and title XX . Section 203(b)(3) of the Older Americans Act of 1965 ( 42 U.S.C. 3013(b)(3) ) is amended by striking XIX, and XX and inserting and XIX . Section 213 of the Older Americans Act of 1965 ( 42 U.S.C. 3020d ) is amended by striking or title XX . Section 306(d) of the Older Americans Act of 1965 ( 42 U.S.C. 3026(d) ) is amended in each of paragraphs
(1)and
(2)by striking titles XIX and XX and inserting title XIX . Section 2605 of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624 ) is amended in each of subsections (b)(4) and
(j)by striking under title XX of the Social Security Act, . Section 602 of the Child Development Associate Scholarship Assistance Act of 1985 ( 42 U.S.C. 10901 ) is repealed. Section 3(d)(1) of the Assisted Suicide Funding Restriction Act of 1997 (42 U.S.C. 14402(d)(1)) is amended by striking subparagraph
(C)and redesignating subparagraphs
(D)through
(K)as subparagraphs
(C)through (J), respectively. The repeals and amendments made by this section take effect on October 1, 2014.
Connectionstraces to 30
6 references not yet in our index
  • 42 USC 1397–1397c
  • Pub. L. 110-351
  • 42 USC 1320a–7(h)
  • 42 USC 1320a–7a(i)(1)
  • 42 USC 1320b–2(a)(1)
  • 42 USC 300z–5(a)(15)
Citation graph
cites case law
Sec. 105
Redirecting funds for block grants to States for social services to improve child welfare and address issues of domestic sex trafficking
Cite42 USC 1397–1397c
Pub. L.Pub. L. 110-351
Cite42 USC 1320a–7(h)
Cites 36 · showing 12Cited by 0 across 0 sources
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