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Code · BILL · 116th Congress · S. 4172 (Introduced in Senate) — To provide emergency funding for child welfare services provided under parts B and E of title IV of the Social Securi... · Sec. 101

Sec. 101. Funding for child and family services

1,626 words·~7 min read·/bill/116/s/4172/is/section-101

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Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary, $2,000,000,000 for fiscal year 2020, for the purpose of making payments to States, Indian tribes, tribal organizations, and tribal consortia to provide child and family services under plans approved under subparts 1 and 2 of part B of title IV of the Social Security Act ( 42 U.S.C. 621 et seq., 629 et seq.) in accordance with this section. Such amounts shall be in addition to other amounts made available for such purposes. The Secretary shall reserve 3 percent of the amount appropriated under paragraph
(1)for fiscal year 2020 for making allotments for Indian tribes, tribal organizations, and tribal consortia for such fiscal year. Not later than 30 days after the date of enactment of this Act, the Secretary shall do the following: From the amount reserved under subsection (a)(2), the Secretary shall allot to each Indian tribe, tribal organization, and tribal consortium with a plan approved under subpart 1 or 2 of part B of title IV of the Social Security Act for fiscal year 2020 an amount that bears the same ratio to such reserved amount as the number of children in the Indian tribe, tribal organization, or tribal consortium bears to the total number of children in all such Indian tribes, tribal organizations, and tribal consortia, as determined by the Secretary on the basis of the most current and reliable information available to the Secretary. From the amount appropriated under paragraph
(1)of subsection
(a)that remains after the application of paragraph
(2)of that subsection, the Secretary shall allot to each State that receives an allotment for fiscal year 2020 under section 433 of the Social Security Act ( 42 U.S.C. 629c ) (including States that are territories specified in subsection
(b)of that section), an amount determined in the same manner as the allotments for such States are determined under subsections
(b)and (c), respectively, of such section 433 for fiscal year 2020. The Secretary shall make the first payment to each State, Indian tribe, tribal organization, and tribal consortium for which an allotment is determined under paragraph
(1)or (2). Each subsequent payment shall be made on a quarterly basis no later than the beginning of the quarter involved. Except to the extent otherwise provided in this section, a State, Indian tribe, tribal organization, and tribal consortium may use the funds paid from an allotment under this section for any purpose specified in subpart 1 or 2 of part B of title IV of the Social Security Act ( 42 U.S.C. 621 et seq.) and in accordance with the requirements that apply to that part. A State, Indian tribe, tribal organization, and tribal consortium shall expend significant portions of the funds paid from its allotment under this section for the following: To provide services or assistance to eliminate the need for out-of-home placements for children and support kinship caregivers who are raising children during the COVID–19 public health emergency, including for purposes of protecting children and preventing the child welfare system from being overwhelmed during the emergency, such as the following: Crisis stabilization services, including case management services designed to stabilize families in crisis or otherwise impacted by the COVID–19 public health emergency, including transportation, assistance with housing and utility payments, and access to adequate health care, child care assistance, and establishing a kinship placement crisis stabilization fund for purposes of making direct cash payments to kin caregivers for immediate needs of children placed with such caregivers in order to facilitate kinship placements and prevent the entry of children into foster care. Family finding, including intensive family-finding efforts that utilize search technology to find biological family members or connections by marriage or adoption for children in, or at risk of entering, foster care. Re-establishing family relationships and supporting family group decision making. Providing information about becoming a licensed foster home and, if requested, assistance in becoming a licensed foster family home. Other assistance or services related to strengthening and supporting kinship families to improve the well-being of children and their kin caregivers impacted by the COVID–19 public health emergency, including assistance in accessing the internet and devices to support remote service delivery. To provide child welfare services in accordance with the plan approved under subpart 1 of part B of title IV of such Act ( 42 U.S.C. 621 ), and shall include services designed to stabilize children, youth, and families impacted by the COVID–19 public health emergency by providing assistance for transportation, housing, utility payments, and access to adequate health care and child care. To provide adoption promotion and support services described in section 431(a)(8) of such Act ( 42 U.S.C. 629a(a)(8) ). To hire, train, and support caseworkers and other child welfare agency staff with respect to the impact of the COVID–19 public health emergency, including with respect to the intersection of trauma with childhood development, and to expand the ability of caseworkers and other child welfare agency staff to conduct or assist with safe, in-person, home visits and family visits, including by purchasing personal protective equipment for caseworkers and other child welfare agency staff and families, such as gloves, hand sanitizer, and face masks; providing premium pay for caseworkers and other child welfare agency staff conducting or assisting with in-person, home visits and family visits during the emergency; to allow for improved remote visits by purchasing, updating, or improving technology and internet access for child welfare agencies, caseworkers and other child welfare agency staff and providing training on the use of such technology for caseworkers and other child welfare agency staff and families. No funds paid from an allotment under this section shall be used to satisfy a matching contribution requirement of a federally funded program. Not more than 10 percent of the total amount paid to a State, Indian tribe, tribal organization, or tribal consortium under this section shall be used for administrative costs (as defined in section 422(c) of such Act ( 42 U.S.C. 622(c) )). A State, Indian tribe, tribal organization, and tribal consortium shall not be required to spend significant portions of the funds paid from their allotments under this section for the services specified in section 432(a)(4) of such Act ( 42 U.S.C. 629b(a)(4) ). Any expenditures of funds permitted under this section shall be disregarded for purposes of applying the limitations on expenditures for child care imposed under section 424(c) of such Act ( 42 U.S.C. 624(c) ). In addition to the exemptions under subparagraphs
(A)and (B), the Secretary may exempt an Indian tribe, tribal organization, or tribal consortium from any other spending requirements of this section to the extent that the Secretary determines those requirements would be inappropriate to apply to the Indian tribe, tribal organization, or tribal consortium, taking into account the resources, needs, and other circumstances of the Indian tribe, tribal organization, or tribal consortium. The Secretary shall not impose any cash or in-kind matching requirement or require an application from a State, Indian tribe, tribal organization, or tribal consortium as a condition for being paid the amounts allotted to the State, Indian tribe, tribal organization, or tribal consortium under this section. Subject to subsection (f), funds from an allotment determined under this section shall remain available for expenditure by the State, Indian tribe, tribal organization, or tribal consortium (as applicable) through September 30, 2022 (September 30, 2023, in the case of any funds redistributed under subsection (f)). Subsection
(d)of section 433 of the Social Security Act ( 42 U.S.C. 629c ) shall apply to the amounts allotted under this section for fiscal year 2020 that remain unobligated on July 1, 2022, in the same manner as that subsection applies to the amounts from allotments made under subsections (a), (b), and
(c)of that section for a fiscal year except that, for purposes of redistributing amounts allotted under this section for fiscal year 2020, a State, Indian tribe, tribal organization, and tribal consortium shall not be required to make the certification referred to in such section 433(d) before July 1, 2022. Not later than 120 days after the date of enactment of this Act, each State, Indian tribe, tribal organization, and tribal consortium paid funds from an allotment made under this section shall submit a report to the Secretary detailing how the State, Indian tribe, tribal organization, or tribal consortium plans to use the funds in accordance with the requirements of this section. The report required under this subsection shall be in addition to, and may be combined with, other reports required under this Act or section 432(a)(8) of the Social Security Act ( 42 U.S.C. 629b(a)(8) ). The Secretary shall not delay making any payments (including the first payment required within 30 days of the date of enactment of this Act) to States, Indian tribes, tribal organizations, and tribal consortia from the allotments made under this section because of the report required under this paragraph. Each State, Indian tribe, tribal organization, and tribal consortium shall report on the actual expenditures made in a fiscal year using funds from a payment made under this section (including any payments of amounts reallotted). Each report on a fiscal year shall be submitted not later than June 30 of the succeeding fiscal year and shall include such information as the Secretary shall require regarding the actual expenditures of such funds. The Secretary shall submit to the appropriate committees of Congress a summary of the reports submitted under paragraphs
(1)and
(2)not later than 60 days after the date on which the reports are due. The summaries required under this paragraph may be combined with the other summaries required to be submitted to such committees under this Act.
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