Sec. 104. Funding for the child welfare court improvement program
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Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Secretary, $30,000,000 for fiscal year 2020, for the purpose of making grants in accordance with this section to the highest State courts described in section 438 of the Social Security Act ( 42 U.S.C. 629h ) and to the highest courts of Indian tribes or tribal consortia eligible for grants under such section. Such amounts shall be in addition to other amounts made available for such purposes.
Subject to paragraph (2), from the amount appropriated under subsection (a), the Secretary shall reserve $5,000,000 for paying to each of the highest courts of Indian tribes or tribal consortia awarded a grant under such section 438 for fiscal year 2020 an amount that bears the same proportion to the amount so reserved as the amount awarded to each such court for fiscal year 2020 bears to the amount allocated under subsection (c)(3)(A)(iv) of such section 438 for that fiscal year.
The Secretary shall establish an expedited process for awarding grants on a competitive basis among the highest courts of Indian tribes or tribal consortia that were not awarded a grant under such section 438 for fiscal year 2020 but that are eligible to apply for a grant under such section for that fiscal year. To the extent the Secretary awards any grants under this paragraph for fiscal year 2020, the Secretary shall make pro rata reductions in the amount of the grants determined under paragraph
(1)for fiscal year 2020 as necessary to ensure that the total amount of grants awarded under this subsection for such fiscal year does not exceed the amount reserved under paragraph
(1)for the fiscal year. From the remainder of the amount appropriated under subsection
(a)after the application of subsection (b), the Secretary shall award to each highest State court approved to receive a grant under such section 438 for fiscal year 2020, an additional grant for fiscal year 2020 in the amount determined for the court under paragraph (2). The amount of the additional grant awarded to a highest State court under this section for fiscal year 2020 is equal to the sum of— $255,000; and the amount that bears the same ratio to the amount appropriated under subsection
(a)that remains after the application of subsection
(b)and subparagraph
(A)of this paragraph, 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 (based on the most recent year for which data are available from the Bureau of the Census). Not later than 30 days after the date of enactment of this Act, the Secretary shall make the first payment from the grants awarded under this section to each highest State court or highest court of an Indian tribe or tribal consortium. Each subsequent payment shall be made on a quarterly basis no later than the beginning of the quarter involved. The Secretary shall not, as a condition for being paid a grant under this section— impose any cash or in-kind matching requirement; or require an application from a highest State court or highest court of an Indian tribe or tribal consortium (except to the extent necessary for the expedited award of grants under subsection (b)(2)). Except to the extent otherwise provided in this section, a highest State court and highest court of an Indian tribe or tribal consortium paid a grant under this section shall use the grant funds for the purposes described in subsections (a)(3) and (a)(4) of such section 438 and in accordance with the requirements that apply to that section. Each highest State court and highest court of an Indian tribe or tribal consortium paid a grant under this section shall use a significant portion of the grant funds for technologies to facilitate remote hearings or other child welfare court proceedings, training for judges and other staff involved in the child welfare system on how to use these technologies, including how to conduct remote child welfare proceedings, data collection, and to otherwise ensure that children and families have access to required child welfare legal proceedings during the COVID–19 public health emergency. Subject to subsection (g), funds from a grant awarded under this section shall remain available for expenditure by a highest State court or highest court of an Indian tribe or tribal consortium (as applicable) through September 30, 2022 (September 30, 2023, in the case of any funds redistributed under subsection (g)). The Secretary shall determine appropriate procedures for redistributing grant funds awarded to the highest State courts and highest courts of Indian tribes or tribal consortia under this section for fiscal year 2020 that remain unobligated on July 1, 2022, to 1 or more such courts that apply for such funds not later than September 30, 2022. Not later than 120 days after the date of enactment of this Act, each highest State court and highest court of an Indian tribe or tribal consortium paid funds from a grant awarded under this section for fiscal year 2020 shall submit a report to the Secretary detailing how the court 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 reports required under section 438 of the Social Security Act ( 42 U.S.C. 629h ). 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 the highest State courts and highest courts of an Indian tribe or tribal consortium from the grants awarded under this section because of the report required under this paragraph. Each highest State court and highest court of an Indian tribe or 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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Sec. 104
Funding for the child welfare court improvement program
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