Sec. 401. Parenting time services pilot program
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Part D of title IV of the Social Security Act ( 42 U.S.C. 651 et seq.) is amended by adding at the end the following: Not later than June 30, 2021, the Secretary shall establish a pilot program (referred to in this section as the pilot program ) to provide payments to State, local, and tribal agencies responsible for administering the program under this part (referred to in this section as eligible entities ) for carrying out the activities described in subsection
(d)for the purpose of promoting the inclusion of uncontested parenting time agreements in child support orders. Expenditures for activities carried out by a State, local, or tribal agency participating in the pilot program shall be treated as expenditures authorized under the State or tribal plan approved under this part, without regard to whether such expenditures would otherwise be a permissible use of funds under such plan. No budget neutrality requirement shall apply to the pilot program. To participate in the pilot program, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may require. An application to participate in the pilot program shall include the following: The identity of the courts or judicial or administrative agencies with which the eligible entity will coordinate activities carried out under the pilot program. The identity of the local, State, or national level domestic violence shelter and service organization with which the eligible entity will partner with to develop and implement the procedures to address domestic violence required under subsection (d). A description of the role and responsibilities of each of such partner with respect to developing and implementing the procedures required under subsection (d), and of the resources that each partner will contribute to developing and implementing such procedures. Such other information as the Secretary shall require. Not later than September 30, 2021, the Secretary shall select at least 12 eligible entities to participate in the pilot program, at least 2 of which shall be tribal agencies described in subsection (b). The Secretary shall conduct the pilot program during the 5-year period that begins with fiscal year 2022 and ends with fiscal year 2026. An eligible entity participating in the pilot program shall carry out the following activities: Establishing parent time plans in conjunction with the establishment of a child support order. Coordinating with the custodial and non-custodial parent when establishing a parent time plan. Supervising and facilitating parents’ visitation and access to their children, including virtual visitation in situations where in-person visitation is not practicable. Providing parents with legal information and referrals related to parenting time. Coordinating with domestic violence shelter and service organizations. Employing a staff member to serve as a domestic violence coordinator. Such other activities related to promoting the inclusion of uncontested parenting time agreements in child support orders as the Secretary may approve. As a condition of receiving payments under the pilot program, an eligible entity shall meet the following requirements: Not later than 3 months after the eligible entity is selected to participate in the pilot program, the eligible entity, in consultation with the State domestic violence coalition (as defined in section 302(11) of the Family Violence Prevention and Services Act ( 42 U.S.C. 10402(11) )) and the domestic violence shelter and service organization with which the entity is partnering, shall do the following: Develop, and submit to the Secretary for approval, written protocols for use by the eligible entity in carrying out activities under the pilot program that are based on comprehensive and evidence-based practices and tools for— identifying instances of domestic violence and situations where there is a risk of domestic violence; responding to any instances of domestic violence and situations where there is a risk of domestic violence that are so identified, including by making referrals to domestic violence intervention and prevention services, assisting with safety planning, and providing protections and other appropriate assistance to individuals and families who are victims or potential victims of domestic violence; addressing confidentiality issues related to identifying and responding to instances of domestic violence and situations where there is a risk of domestic violence; and providing domestic violence awareness and intervention and prevention training to ensure the effective and consistent implementation of the protocols developed under this subparagraph. Build the capacity of the staff of the eligible entity and the domestic violence shelter and service organization partner of the entity to communicate with parents about domestic violence. Appoint a staff member of the eligible entity or the domestic violence shelter and service organizations to serve as the domestic violence coordinator for purposes of the activities carried out under the pilot program. Submit a final report to the Secretary describing— the protocols established by the eligible entity to address domestic violence; and any issues that the eligible entity encountered in implementing such protocols and if so, how the eligible entity addressed such issues. Throughout the pilot period, an eligible entity participating in the pilot program shall collect and report to the Secretary such data related to the entity's participation in the pilot program as the Secretary shall require. For each quarter during the pilot period described in subsection (b)(3), the Secretary shall pay to each eligible entity participating in the pilot program an amount equal to the applicable percentage specified in paragraph
(2)of the amounts expended by the entity during the quarter to carry out the pilot program. Such payments shall be made in addition to, and as part of, the quarterly payment made to the eligible entity under section 455(a)(1). Amounts expended by an eligible entity participating in the pilot program shall be treated as amounts expended for a purpose for which a quarterly payment is available under section 455(a)(1)(A), without regard to whether payment would otherwise be available under such section in the absence of the pilot program (and subject to the application of the applicable percentage for such quarter under paragraph
(2)in lieu of the percentage that would otherwise apply under such section (if any)). The applicable percentage specified in this paragraph is— in the case of payments made for the first 8 quarters of the pilot period, 100 percent; and in the case of payments made for each subsequent quarter of the pilot period, 66 percent (80 percent in the case of an eligible entity that is a tribal agency). In no case may payments be provided by the Secretary for amounts expended by an eligible entity to carry out the pilot program for any quarter of a fiscal year after fiscal year 2026. The Secretary shall conduct (directly or by grant, contract, or interagency agreement) a comprehensive evaluation of the pilot program that satisfies the requirements of this subsection. Not later than 1 year after the pilot program ends, the Secretary shall submit to Congress a report containing the results of such comprehensive evaluation. A comprehensive evaluation satisfies the requirements of this subsection if— the evaluation is designed to identify successful activities for creating opportunities for developing and sustaining parenting time to— build evidence of the effectiveness of such activities; determine the lessons learned (including barriers to success) from such activities; and to the extent practicable, help build local evaluation capacity, including the capacity to use evaluation data to inform continuous program improvement; and the evaluation includes research designs that encourage innovation and reflect the nature of the activities undertaken, successful implementation efforts, and the needs of the communities, without prioritizing efficacy research over effectiveness research. A comprehensive evaluation conducted in accordance with this subsection may, but shall not be required to, include a randomized controlled trial. The report on the comprehensive evaluation conducted in accordance with this subsection shall include the following: An assessment of the process used to assist parents in developing and establishing parenting time agreements and the number of parenting time agreements established during the pilot program. An assessment of the impact of the pilot program on child support payment outcomes, including payment behaviors such as the amount of monthly payments, the frequency of monthly payments, and the frequency and type of non-financial assistance. An assessment of the access barriers to establishing and complying with parenting time agreements, and the effectiveness of methods used by the pilot projects to address barriers. An assessment of the impact of the pilot program on co-parenting quality. An assessment of the impact of the pilot program on relationships between custodial and non-custodial parents. An assessment of the impact of the pilot program on relationships between non-custodial parents and their children. Data on the incidence and prevalence of domestic violence between custodial and non-custodial parents during the course of the pilot program. A detailed description of the procedures used to address incidents of domestic violence between custodial and non-custodial parents during the course of the pilot program. An assessment of the impact of the pilot program on increasing custodial and non-custodial parents’ knowledge about domestic violence. Out of any money in the Treasury not otherwise appropriated, there is appropriated to the Secretary to carry out this subsection $1,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. In this section, the term domestic violence means violence between intimate partners, which involves any form of physical violence, sexual violence, stalking, or psychological aggression, by a current or former intimate partner. .
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