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Code · BILL · 114th Congress · S. 1932 (Introduced in Senate) — To provide States with flexibility to use Federal IV–E funding for State child welfare programs to improve safety, pe... · Sec. 101

Sec. 101. Prevention, intervention, and support services before, during, and after placement in foster care

2,053 words·~9 min read·/bill/114/s/1932/is/section-101

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Section 471 of such Act ( 42 U.S.C. 671 ) is amended— in subsection (a)— in paragraph (15)(B), by inserting , which shall include the State identifying and providing prevention, intervention, and support services (as defined in section 475(13)) as appropriate, after reasonable efforts ; in paragraph (34)(B), by striking and after the semicolon; in paragraph (35)(B), by striking the period at the end and inserting a semicolon; and by adding at the end the following: provides, not later than 2 years after the date of enactment of this paragraph, that all at-risk children (as defined in section 475(14)), children in foster care, and children who have left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption, shall be provided with a standard array of child welfare services consistent with subsection (e)(1); and provides, not later than 2 years after the date of enactment of this paragraph, and not less than every 2 or 3 years thereafter (as required by the Secretary with respect to a State on the basis of the Secretary's determination of the State's success in keeping children safe and at home or on a path toward permanency), that the State shall submit, as part of the State plan required under subsection (a), and shall update and revise as necessary— a description of the State activities and the delivery mechanisms for achieving— increased permanency for all infants, children, and youth by reducing the time in foster placements when possible and promoting a successful transition to adulthood for older youth; increased positive outcomes for infants, children, youth, and families in their homes and communities, including tribal communities, and improving the safety and well-being of infants, children, and youth; and the prevention of child abuse and neglect and the re-entry of infants, children, and youth into foster care; a description of the performance benchmarks for assessing the State's progress in achieving the goals described in subparagraph (A); a description of the standard array of child welfare services for at-risk children, children in foster care, and children who have left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption, in accordance with subsection (e)(1); and a description of the State's plan for ensuring that congregate care is used appropriately and reduces the placement of children and youth in such care. ; and by adding at the end the following:
For purposes of subsection (a)(36), with respect to a State, the standard array of child welfare services required under this subsection for at-risk children, children in foster care, and children who have left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption, shall be established by the Secretary in consultation with the director of the State child welfare agency for the State. At a minimum, a standard array of child welfare services established by a State shall— include prevention, intervention, and support services (as defined in section 475(13)); and be made available until a child attains 18 years of age or such greater age as the State may elect under section 475(8)(B)(iii) to both the child and the child's family, guardian, or caretaker.
The standard array of child welfare services established with respect to a State may include any or all of the following: Family engagement. Trauma-informed child assessment. Trauma-focused behavioral health treatment. Permanency Round Tables. Kinship Supports. If a State determines that a child is an at-risk child, a child in foster care, or a child who has left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption, the child shall be eligible for services provided under the State plans approved under part B in addition to the standard array of child welfare services required under paragraph (1).
Payments to States under section 474(a)(6) for expenditures attributable to the provision of prevention, intervention, and support services shall only be made if— the State provides or conducts regular State-specific assessments of the outcomes for children and families in relation to the provision of such services; and the State provides an assurance that such payments shall be used to supplement, and not supplant, the level of State funds expended to provide any service under part B or this part for fiscal year 2015. .
Section 475 of such Act ( 42 U.S.C. 675 ) is amended by adding at the end the following: Subject to subparagraphs
(B)and (C), the term prevention, intervention, and support services has the meaning given such term as the Secretary, by regulation, shall establish, and shall include the following: Initial family assessments for a child identified as an at-risk child (as defined in paragraph (14)) in accordance with standards established by the Secretary that require a case worker to identify what the child needs to stay safely in his or her home or, if the child cannot stay safely in their home, that specifies that the child needs a safe placement outside the home as soon as possible. Follow-up assessments after a child has been identified as an at-risk child, placed in foster care, or has left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption, in accordance with standards established by the Secretary. In-home services for at-risk children, children in foster care, and children who have left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption, and for the families, guardians, or caretakers of such children. Case management services for at-risk children, children in foster care, and children who have left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption, and for the families, guardians, or caretakers of such children. Post-permanency supports for at-risk children and children who have left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption, and for the families, guardians, or caretakers of such children. The regulation required under subparagraph
(A)shall provide that such term means any services provided to a child, parent, legal or relative guardian, family, or caregiver that are intended to meet the needs of the child, parent, legal or relative guardian, family, or caregiver to— prior to the placement of a child in foster care, enable the child to safely remain with the child's family; after the placement of a child in foster care, enable to the child to be safely reunited with the child's family; and after a child in foster care is reunited with the child's family, adopted, or permanently placed with a guardian, ensure the stability, health, and safety of the child. The regulations required under subparagraph
(A)shall provide that such term shall only include services that are evidence-based or evidence-informed and address specific outcomes related to safety, permanency, or well-being for at-risk children, children in foster care, and children who have left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption. The term at-risk child means a child at risk of entering or re-entering the child welfare system based on criteria established by the Secretary in consultation with the States. Such term shall include a child who is determined to be at risk of entering or re-entering the child welfare system on the basis of an appeal by a State under such procedures as the Secretary shall establish. . Section 474(a) of the Social Security Act ( 42 U.S.C. 674(a) ) is amended— in paragraph (5), by striking the period at the end and inserting ; plus ; and by adding at the end the following: subject to section 471(e)(4), for each quarter beginning after September 30, 2017, an amount equal to the Federal medical assistance percentage (which shall be as defined in subsection
(b)of section 1905 without regard to any increase applicable under another subsection of that section, in the case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia) of the total amount expended during such quarter as found necessary by the Secretary for the provision of prevention, intervention, and support services (as defined in section 475(13)) for at-risk children (as defined in section 475(14)), children in foster care, and children who have left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption, and for the families, guardians, or caretakers of such children (or, with respect to such payments made during such quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage that would apply under section 479B(d) (in this paragraph referred to as the tribal FMAP ) if such Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State); plus for each quarter beginning after September 30, 2018, if the State is eligible for a performance achievement payment for a fiscal year under section 471(f), an amount equal to 1/4 of the performance achievement payment determined for the State for the fiscal year under section 471(f). . Section 471 of such Act ( 42 U.S.C. 671 ) (as amended by subsection (c)) is amended by adding at the end the following: The Secretary shall establish criteria for assessing State performance with respect to achieving the goals described in subsection (a)(37)(A) and furthering the purposes of this part and for awarding performance achievement payments to States under section 474(a)(7). The Secretary, directly or through grants, contracts, or interagency agreements, shall conduct research and evaluations with respect to the payments made under paragraphs
(6)and
(7)of section 474(a) for purposes of assessing the extent to which the provision of payments under such paragraphs are related to State progress towards achieving the goals described in subsection (a)(37)(A) and the purposes of this part. In order to be entitled to a payment under paragraphs
(6)or
(7)of section 474(a), a State shall agree to cooperate with the conduct of any such research or evaluations. Each State that receives a payment under paragraph
(6)or
(7)of section 474(a) shall submit such reports to the Secretary as the Secretary may require with respect to State expenditures for which payments are made under that section. The Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate periodic reports based on the State reports submitted under subparagraph
(A)and the research and evaluations conducted under paragraph (1), together with such recommendations for administrative or legislative changes as the Secretary determines appropriate. The Secretary shall make the State reports and the reports to Congress submitted under this paragraph publicly available. . The first sentence of section 470 of such Act ( 42 U.S.C. 670 ) is amended by striking foster care and all that follows through needs and inserting prevention, intervention, and support services, foster care, transitional independent living programs for children, support for children who have left foster care to return home through reunification or reinstatement of parental rights, kinship guardianship assistance, adoption assistance for children with special needs, and performance achievement payments . Section 471(a)(1) of such Act ( 42 U.S.C. 671(a)(1) ) is amended by striking and and all that follows through the semicolon and inserting , adoption assistance in accordance with section 473, and prevention, intervention, and support services for at-risk children, children in foster care, and children who have left foster care to return home through reunification or reinstatement of parental rights or for kinship guardianship or adoption in accordance with subsection (e); . Section 474(a)(3)(B) of such Act ( 42 U.S.C. 674(a)(3)(B) ) is amended by inserting and in ways that include training on how to provide such support and assistance, as well as training on prevention, intervention, and support services and how to provide such services, after living with relative guardians, .
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Sec. 101
Prevention, intervention, and support services before, during, and after placement in foster care
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